What are the elements of a trademark infringement claim?
Under North Carolina’s Unfair Competition Law, trademark infringement is a common claim made by an individual or business accusing another of using their trademark without permission. A trademark infringement claim requires the plaintiff to prove the following elements in order to prevail in a court of law: 1. Ownership: The plaintiff must prove that they have the exclusive right to use the trademark in question. This requires showing that the mark is legally registered and that the plaintiff is the owner of the registration. 2. Usage: The plaintiff must show that the defendant actually uses the trademark in their business. This includes using the mark on products and services, or in advertising materials. 3. Likelihood of Confusion: The plaintiff must show that the defendant’s use of the trademark is likely to cause confusion among consumers, leading them to wrongly believe that the defendant’s goods or services are associated with the plaintiff. 4. Harm: The plaintiff must show that they have suffered some type of economic harm as a result of the defendant’s trademark infringement. This harm can be in the form of lost profits, or a diminished reputation among consumers. If all of the above elements are established, the court will likely find the defendant liable for trademark infringement and order them to cease using the trademark and pay damages to the plaintiff. It is important to note that the courts may also consider other factors in determining the extent of the damages awarded in a trademark infringement case.
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