What are the elements of a trademark infringement claim?
In Maryland, trademark infringement is a violation of unfair competition law. A trademark infringement claim requires the plaintiff to prove four elements: 1) Ownership of a valid a trademark. The plaintiff must prove that he or she has a valid, legally registered trademark in the state of Maryland. The trademark must be distinctive and used in interstate commerce. 2) Use of the trademark. The plaintiff must show that the defendant has used the trademark in a manner that is likely to cause confusion or mistake on the part of the public or cause the public to mistakenly believe that the goods or services associated with the trademark come from the plaintiff. 3) Likelihood of confusion. The plaintiff must demonstrate that a reasonable consumer would be likely to believe that the goods or services associated with the trademark are sponsored, endorsed, or otherwise provided by the plaintiff. 4) Damage or injury. The plaintiff must show that they have suffered harm due to the defendant’s use of the trademark. This may include lost sales, lost profits, or damage to reputation. These elements must all be present in order for the plaintiff to properly enforce a trademark infringement claim in Maryland. Without any one of these elements, the plaintiff may not be able to successfully prove their case.
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