intellectual property · claim
Trademark infringement is the unauthorized use of a trademark or a confusingly similar mark, likely leading to consumer confusion regarding the source of goods or services. This legal violation is intended to protect the brand identity and associated goodwill of the trademark holder.
The plaintiff must own a valid, enforceable trademark that is distinctive or has acquired distinctiveness.
What to prove: The plaintiff must demonstrate registration of the trademark (or common law rights) and its enforceability.
The defendant must have used the allegedly infringing mark in commerce in connection with the sale of goods or services.
What to prove: The plaintiff must show that the defendant's use was in the context of goods/services, not merely descriptive or non-commercial.
There must be a likelihood of confusion among consumers as to the source of goods or services due to the similar marks.
What to prove: The plaintiff must present evidence that consumers would be confused, often assessed using multi-factor tests.
The plaintiff bears the burden of proof by a preponderance of the evidence to establish all elements of the claim.
Focus on the multi-factor tests for likelihood of confusion, which often come up in exam hypotheticals. Be prepared to analyze both trademark validity and consumer perception.