---
title: "Infringement (Trademark)"
type: Legal Term
source: https://casebriefly.com/legal-terms/infringement-trademark
---

# Infringement (Trademark)

Trademark infringement under the Lanham Act (15 U.S.C. section 1114 for registered marks and section 1125(a) for unregistered marks) occurs when a person uses a mark in commerce that is likely to cause confusion, mistake, or deception as to the origin, sponsorship, or approval of goods or services. The central test is the likelihood of confusion, which courts evaluate using multi-factor tests such as the Sleekcraft factors established in AMF Inc. v. Sleekcraft Boats (1979). Remedies include injunctive relief, actual damages, the infringer's profits, and in exceptional cases, attorney's fees and treble damages.

## Related Terms

- trademark
- likelihood-of-confusion
- lanham-act
- trade-dress

## Related Cases

- amf-inc-v-sleekcraft-boats
- abercrombie-fitch-co-v-hunting-world

## Example

A startup launching a streaming service called 'Netflicks' would likely face trademark infringement claims from Netflix because the similar name and identical industry create a strong likelihood of consumer confusion.

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Source: [Infringement (Trademark) — CaseBriefly](https://casebriefly.com/legal-terms/infringement-trademark)