What are the elements of a trademark infringement claim?
Trademark infringement is a violation of Unfair Competition Law in South Carolina. In order to make a trademark infringement claim, there are certain elements that must be present. The first element is that there must be a valid, federally registered trademark, which means that the mark must distinguish the goods or services of the owner from another’s goods or services. The second element is that the defendant must be using a similar trademark, which creates a likelihood of confusion among customers about the source of the goods or services. The third element is that the defendant must have used the trademark in commerce. Finally, the plaintiff must prove that he or she has been injured, which could be in the form of lost profits or diluted brand value. If all of these elements are present, then a trademark infringement claim may proceed in a court of law. In South Carolina, the court may award damages for any harm that was caused to the plaintiff due to the defendant’s use of the trademark. Damages may include actual monetary loss as well as injunctive relief, which is an order from the court that prevents the defendant from continuing to use the trademark. If the defendant is found to have willfully infringed on the plaintiff’s trademark, the court may also award treble damages, which means that the plaintiff is entitled to damages three times the amount of actual financial loss.
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