What are the elements of a trademark infringement claim?

A trademark infringement claim in Massachusetts requires that there be certain elements in order for a claim to be successful. The first element is that the plaintiff must have a unique and recognizable trademark. This trademark must actually represent the plaintiff’s goods or services in the marketplace and not just exist as a theoretical concept. The second element is that the defendant must have made use of the plaintiff’s trademark in a way that is likely to cause confusion among consumers. This could mean using the same name, logo, or design as the plaintiff’s trademark. The third element is that the defendant must have been aware of the plaintiff’s trademark or should reasonably have been aware of it. The fourth element is that the defendant’s use of the plaintiff’s trademark must have been in commerce or in connection with the sale of goods or services. The fifth and final element is that the defendant’s use of the plaintiff’s trademark must have caused injury or damages to the plaintiff. If the plaintiff can prove all of these elements, then they may have a successful trademark infringement claim in Massachusetts.

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What are the elements of a trademark infringement claim?

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