Trademark Infringement:

Trademark Infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in a way that is likely to cause consumer confusion about the source of goods or services.

Key Elements of Trademark Infringement:
To prove trademark infringement, the trademark owner typically must establish:

Ownership of a valid mark – The trademark must be legally protected, either through registration or established common law rights.

Use in commerce – The infringing party must be using the mark in connection with goods or services sold or advertised in commerce.

Likelihood of confusion – The use must be likely to cause confusion among the relevant public as to the origin or sponsorship of the goods or services.

Factors Considered in Likelihood of Confusion:
Courts often use multi-factor tests (such as the Polaroid factors in the U.S.) to assess likelihood of confusion, including:

Strength of the plaintiff's mark

Similarity between the marks

Similarity of the products or services

Evidence of actual confusion

Channels of trade and marketing

Purchaser sophistication

Defendant’s intent

Consequences of Infringement:
Injunctions (orders to stop the infringing use)

Monetary damages, including profits, actual damages, or statutory damages

Destruction of infringing goods

Attorney’s fees in exceptional cases

Defenses Against Trademark Infringement:
Fair use (e.g., descriptive use or nominative use)

Parody

No likelihood of confusion

Invalid trademark (challenging the validity of the plaintiff’s mark)