What are the elements of a trademark infringement claim?
In Kansas, a trademark infringement claim involves the use of a mark that is similar enough to another mark to cause confusion in the marketplace. To make this claim, there must be several elements present. The first element is the use of a mark that is similar or identical to another. This is the mark in question, and it must be used in a way that is likely to cause confusion among consumers. The second element is that the competitors must have used the mark without the permission of the rightful owner. The use of the mark must also be in the course of commerce or in a manner that affects the commerce of a particular area. The third element is that the use must be likely to cause consumers to be confused as to the origin, sponsorship, or endorsement of the goods or services. This element focuses on the potential confusion to customers, who may be misled into purchasing goods or services from the wrong source. The fourth element is that the use of the mark must actually cause or be likely to cause harm to the rightful owner. This harm may be in the form of lost profits or damage to the goodwill associated with the trademark. The fifth element is that the use is not allowable under the fair use doctrine. This means that the mark is being used in a way that is not related to the original mark or to the goods and services that are associated with it. By establishing these elements, a trademark infringement claim can be made against a competitor in Kansas.
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