infringement of trademark
Unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. The success of a lawsuit to stop the infringement turns on whether the defendant's use causes a likelihood of confusion in the average consumer. If a court determines that confusion is likely, the owner of the original mark can prevent the second user's use of the infringing mark and sometimes collect damages.Compare: dilution
Category: Patent, Copyright & Trademark → Trademark Law

Nolo’s Plain-English Law Dictionary. . 2009.

Look at other dictionaries:

  • infringement of trademark — A use or imitation of one s trademark by another on the letter s goods in such manner that the purchasers of such goods are deceived, or likely to be deceived, and induced to believe that they were manufactured or sold by the owner of the… …   Ballentine's law dictionary

  • infringement of copyright — The unauthorized violation of a copyright owners exclusive rights in a work. Common examples include the illicit distribution of software or music, the adaptation of anothers work in one medium (such as a book or play) for use in another medium… …   Law dictionary

  • infringement of utility patent — The unauthorized manufacture, sale, or use of (a) a literal copy of a patented invention, or (b) an invention that performs substantially the same function in substantially the same manner as a patented invention. (See also: doctrine of… …   Law dictionary

  • infringement — in·fringe·ment n: the act or an instance of infringing; esp: the unauthorized use of copyrighted or patented material or of a trademark, trade name, or trade dress see also equivalent, fair use ◇ Infringement of a trademark, trade name, or trade… …   Law dictionary

  • infringement — /infrinjmant/ A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, and trademarks. See also encroachment trespass. @… …   Black's law dictionary

  • infringement — /infrinjmant/ A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, and trademarks. See also encroachment trespass. @… …   Black's law dictionary

  • Trademark infringement — is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the… …   Wikipedia

  • trademark — trade·mark / trād ˌmärk/ n: a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law see also dilution, infringement, strong mark …   Law dictionary

  • Trademark Act of 1946 — Lanham Trademark Act (Lanham Act) USA Lanham Trademark Act (Lanham Act), Also known as the Trademark Act of 1946. The federal statute governing trademark law, incl …   Law dictionary

  • Trademark — For other uses, see Trademark (disambiguation). For guidelines on using trademarks within Wikipedia, see Wikipedia:Manual of Style (trademarks). Intellectual property law …   Wikipedia

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