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FAQ: What constitutes trademark infringement?

Postby CriterionD » Mon Oct 01, 2007 4:38 pm

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FAQ: What constitutes trademark infringement?

Postby CriterionD » Wed Oct 03, 2007 1:58 pm

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Trademark (and Servicemark) infringement is determined on a "likelihood of confusion" basis. The issue at hand is whether relevant consumers would be likely to associate the goods or services of one party with those of another party as a result of trademark usage. A variety of factors may be examined when analyzing a trademark infringement issue, the most notable of which are: the similarity - visual and phonetical - of any marks at issue; and the commercial relationship between the goods or services described by any marks at issue.