Cases of trademark infringement have become more common on the internet. Some of these cases are genuine complaints, made against online users who do not have any idea in this field. Some claims of infringements are unsuitable that the charges made for trademark infringement is dubious.
The Trademark law shields the trademark holder’s unique rights. Consequently, the use of the trademark by another would likely cause the receiver confusion.
Trademark Infringement – File a Case
To file a case of trademark infringement, the claimant should establish that the mark is entitled to protection and the defendant has used the same mark in his business for the sale of goods or for advertising purposes without the consent of the claimant. The claimant can also show the defendant’s use of the trademark can cause confusion since both the marks closely resembles and can claim ownership of the mark.
Successful Trademark Infringement Claim
The fundamentals for a successful trademark infringement claim can be well recognized under federal and state law. In short, a claimant in a trademark claim has the burden of establishing that the defendant’s utilization of the mark can create likelihood-of-confusion about the source of the defendant’s products.
To successfully do this, the claimant should prove that the trademark has been developed under protectable trademark right, the United States Trademark Registration. He then should demonstrate that the defendant is employing a confusingly related marks in such a way that it produces a deception, a mistake and a likelihood of confusion to the public. The confusion can arise to the buyer or to the public on whether the product belongs to the claimant or to the defendant.
Trademark Infringement – A Real Case
Scott Konopka and Gregory Weiss from Mrachek Law in Florida, in company with Allen, Gilchrist Shareholder Robert Thornburg, Doppelt, Dyer and Milbrath presented a case in the U.S. District Court for the Southern District of Florida in support of HAJN, LLC, in opposition to A&E Television Networks, LLC. The complaint lists obstinate trademark infringement for A&E’s marketing and sale of merchandise for the reality TV show ‘Duck Dynasty” that employed the trademarked expression ‘My Favorite Color is Camo’.
In this case, HAJN, LLC, a small business firm based in Florida, have designed, marketed and sold clothing and other items with the trademark, ‘My Favorite Color’s Camo.’ The USPTO issued HAJN, the United States Trademark Registration number for the mark ‘My Favorite Color’s Camo.’ It is proven that the trademark belongs to HAJN, LLC.
When a trademark is registered by the United States Trademark Registration, then no infringement can possibly happen, and if it does you have the right to recover damages.
