Can a company name infringe a trademark?
Even if your business name isn’t directly infringing on another company’s name, you could still be violating another trademark. If a company holds a registered trademark that your company name may be likely to cause confusion with, you could be vulnerable to a lawsuit.
What is an example of a trademark infringement?
One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them “pass off” as authentic. Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices.
Is trademark infringement a crime?
They are in the same species of intellectual property as copyrights and trademarks, but there are no criminal remedies for infringement.
What happens if you infringe a trademark?
When infringement occurs, a trademark owner (the plaintiff) may file a lawsuit against the infringing user of the same or similar mark (the defendant) to prevent further use of the mark and collect money damages for the wrongful use.
Can you sue a company for having a similar name?
A trademark lawsuit will require you to prove three things: You have registered a trademark or service mark in the name. Someone else is using the same or similar name to sell similar goods and services to yours. The infringer’s use of the name is confusing customers or diluting the power of your trademark.
What are the examples of infringement?
Modifying an image and then displaying it on your company’s website. Creating merchandise for sale which features copyrighted words or images. Downloading music or films without paying for their use. Copying any literary or artistic work without a license or written agreement.
Can you sue if someone uses your trademark?
If you are a trademark holder and you want to challenge someone’s domain name (i.e. someone else registered a domain name that is very similar to your trademarked name), you can file a trademark infringement lawsuit.
What is the punishment for trademark infringement?
The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It’s also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.
Can a company sue you for having the same name?
Can you use a company name that is already taken?
Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.