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What is a trademark infringement

On Behalf of | Apr 7, 2019 | Business Litigation |

If you are like many business owners or executives in Florida, you know that your intellectual property should be carefully protected. Similarly, you know that avoiding an issue with another company’s intellectual property can be important. In monitoring these things, it is good for you to understand the world of trademark infringements as trademarks may be among the types of intellectual property commonly involved in disputes.

As explained by the United States Patent and Trademark Office, the responsibility for enforcing any trademark rests squarely on the shoulders of the entity that holds the trademark. If that company does not enforce their marks, nobody else will. An allegation of infringement generally includes the assertion that another party is using the mark without approval and in a manner that is likely to cause confusion in the marketplace. This confusion, it should be noted, does not have to be intentional.

In this type of situation, the trademark owner may choose to send what is referred to as a cease and desist letter, requesting the other party to stop using the mark. If that is not successful, legal action may follow. If a court finds that a trademark infringement did occur, the company said to have infringed may be required to destroy any goods with the mark on them and stop further use.

This information is not intended to provide legal advice but is instead meant to give professionals in Florida an overview of what may be considered a trademark infringement and how such a matter may be addressed or resolved.