What are the elements of a trademark infringement claim?
A trademark infringement claim in California requires proof of three elements: ownership of a valid trademark, a likelihood of confusion between the protected mark and the allegedly infringing mark, and proof that the allegedly infringing mark was used to identify goods or services in commerce. A valid trademark is a distinctive logo, name, slogan, or phrase that can be used to identify a brand or company. To prove ownership, the entity holding the trademark must show that they have the exclusive right to use the trademark and that it is used in commerce to identify particular goods or services. Second, the holder of the trademark must show that there is a likelihood of confusion between the protected mark and the allegedly infringing mark. This means that the allegedly infringing mark must be so similar to the protected mark in terms of appearance or sound, so as to lead to confusion in the marketplace. Finally, the holder of the trademark must show that the allegedly infringing mark was used to identify goods or services in commerce. This means that the allegedly infringing mark must have been used in the sale or offering for sale of goods or services in the United States or in connection with advertising or promotional activities in the United States. If the claimant can successfully prove these three elements, a claim of trademark infringement can be made in California.
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