Certain elements must be proven to successfully bring a trademark infringement claim, and Keegan & Donato Consulting can help.
A trademark is a unique symbol, word, phrase, or design that distinguishes a product or service from others in the marketplace. When someone uses a trademark without authorization, it can confuse consumers and harm the reputation and value of the original trademark owner’s brand. To establish a trademark infringement claim, the plaintiff must prove the following elements:
- Ownership of a valid trademark: The first element that must be proven is ownership of a valid trademark. This means that the plaintiff must show that they have a legally protected mark that can be used to identify their goods or services. This can be done by providing evidence of registration with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO), or by demonstrating that the mark has acquired distinctiveness through extensive use in commerce.
- Defendant’s use of a similar mark: The second element of proof is the defendant’s use of a similar mark. The plaintiff must show that the defendant is using a mark that is confusingly similar to their own. This does not necessarily mean that the marks are identical, but that they are similar enough to potentially cause consumer confusion. Factors that may be considered include the similarity of the marks themselves, the similarity of the goods or services being offered, and the channels of trade in which the marks are used.
- Likelihood of confusion: This is perhaps the most crucial factor in a trademark infringement claim. The plaintiff must demonstrate that there is a likelihood that consumers will be confused or deceived by the defendant’s use of a similar mark. This can be shown through evidence such as consumer surveys, instances of actual confusion, or expert testimony.
- Damages suffered due to infringement: The plaintiff must prove that they have suffered damages due to the infringement. This can include actual damages, such as lost sales or harm to reputation, and potential damages, such as the defendant’s unjust enrichment from using the plaintiff’s mark. In some cases, if the plaintiff can show that the infringement was willful or intentional, they may also be entitled to additional damages and attorney’s fees.
The Role of Surveys in Trademark Infringement Cases
Surveys play a significant role in trademark infringement cases as they provide empirical evidence to support or refute claims of confusion among consumers. These surveys assess whether consumers will likely be confused between the original and potentially infringing marks. Surveys from Keegan & Donato Consulting can provide valuable insights into consumer perceptions and behaviors related to the trademarks in question by collecting data from a representative sample of consumers.
Key Takeaways
Bringing a successful trademark infringement claim requires proving ownership of a valid trademark, the defendant’s use of a similar mark, the likelihood of confusion, and damages suffered. It is important for trademark owners to protect their rights and take action against infringers to maintain the value and integrity of their brand.
Consulting with experienced intellectual property attorneys and consultants, such as Keegan & Donato Consulting, can help guide trademark owners through the process and increase their chances of success in a trademark infringement claim. Contact us today to explore our services.