Hire an Attorney Experienced With Trademark Litigation Law
Accusing a competitor of trademark infringement is tricky business. First, the trademark owner has to prove a protectable right in a trademark. Additionally, it must be proven that another entity’s use of the mark is causing confusion with consumers. For example, if the products are similar, the public could think they are made by the same company.
Trademark Litigation Law is a complicated area and people need an experienced attorney. Jayaram Law, Inc has many years of experience in trademark and patent litigation. Courts use eight factors, in trademark litigation law, to determine whether a situation has developed a “likelihood of confusion.” First, they evaluate whether the two marks are similar in looks and phonetics. For example, the courts heard the case of Weiner King, Inc. v. Wiener King Corp. The courts allowed the use of the “Weiner King” as a mark for restaurants selling hot dogs in New Jersey, and “Wiener King” as a mark for restaurants in North Carolina. Here, the marks were similar but the products were completely different.
The next test is whether the products are so similar that the public may be confused. For example, there could be two brands of ice cream with similar names. In addition, the court reviews the strength of the mark and any evidence of actual confusion by consumers. Further, the court questions the defendant’s intent in adopting its mark. Is there a possibility that the defendant was trying to create confusion? Other tests include how close the goods are to each other in a store. This would be a matter of concern for the ice cream with similar names. Finally, the courts evaluate the level of care used by a consumer to select the correct product.
Additionally, it could be important whether the plaintiff and defendant plan to expand product lines. The first five factors are examined in all trademark infringement litigation. The others are the most common additional factors considered by a court. Potential plaintiffs are urged to thoroughly investigate the situation before filing a lawsuit. It is best to determine how someone is using the offending mark before going to court.