What is a trademark violation?
We are surrounded by trademarks every day. Without trademarks, we would not know what we are buying. Trademark violations are serious because they create confusion in the marketplace.DefinitionAccording the PTO, a trademark “includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.”ExamplesThe famous Coca-Cola logo is an example of a trademark, as is “Dunkin Donuts” and many other product names. Certain product shapes, including the Leggs pantyhose packaging and the original Coca Cola bottle shape, are also trademarks.ViolationsWhen someone uses a trademark associated with another company, a trademark violation may take place if they involve similar interest. Courts look to whether the use would cause confusion on the part of the consumer.Consideratio
