Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation 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 "infringer", uses a trademark which is identical or confusingly similar to a registered trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a registered trademark may commence legal proceedings against a party which infringes its registration.

Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation 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 "infringer", uses a trademark which is identical or confusingly similar to a registered trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a registered trademark may commence legal proceedings against a party which infringes its registration.

A trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable.

Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention.

In the United States, a cause of action for use of a mark for such dissimilar services is called trademark dilution.

In some jurisdictions a party other than the owner (eg. a licensee) may be able to pursue trademark infringement proceedings against an infringer if the owner fails to do so.

The party accused of infringement may be able to defeat infringement proceedings if it can establish a valid exception or defence (eg. comparative advertising, laches) to infringement, or attack and cancel the underlying registration (eg. for non-use) upon which the proceedings are based.

The Psychology Behind Trademark Infringement and Counterfeiting by J. L. Zaichkowsky
As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to the area of trademark infringement and counterfeiting. Principles and theories from psychology and how they are relevant to consumers’ perceptions in the marketplace are used to explain why competitors steal the intellectual property of another company or entity.
The possibility of brand imitation or counterfeiting should be contemplated in designing new products or brand packaging, just as it is in the printing of currency. It is the intent of The Psychology Behind Trademark Infringement and Counterfeiting to provide those involved in commerce with some understanding, some ideas, and perhaps some strategy for building differentiated brands that are easy to protect.
Brand managers, expert witnesses to trademark cases, intellectual property lawyers, and academics of consumer behavior and marketing will find this book useful to understanding consumer motives and processes of trademark infringement and counterfeiting.
As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law

Composite trademarks: deconstructing the similarity of marks element in a trademark infringement action: what really creates a likelihood of confusion? : An article from: Defense Counsel Journal
by James D. Nelson, Pam Kohli Jacobson
This digital document is an article from Defense Counsel Journal, published by International Association of Defense Counsels on October 1, 2005. The length of the article is 3688 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Composite trademarks: deconstructing the similarity of marks element in a trademark infringement action: what really creates a likelihood of confusion?
Author: James D. Nelson
Publication: Defense Counsel Journal (Magazine/Journal) Date: October 1, 2005
Publisher: International Association of Defense Counsels
Volume: 72 Issue: 4 Page: 347(7)
THE analytical inquiry underlying the similarity of marks assessment in a trademark infringement action involves numerous considerations. This analysis is complicated when comparing marks that include distinct, multiple words, and/or graphics, commonly referred to as composite trademarks. This article discusses the considerations involved in determining whether two composite marks are sufficiently similar to support a likelihood of confusion claim.
The gravamen of a trademark infringement claim is the likelihood of confusion between two marks. The Ninth Circuit devised eight nonexclusive factors for courts to consider when determining whether a likelihood of confusion exists:
(1) the strength of the mark; (2) the similarity of the marks; (3) the proximity of the goods or services; (4) the intent of the...

Books On Trademark Infringement	IPR Intellectual Property Rights
Trademark Law	Trademark Dilution

Republic of tea wins Rooibos judgment.(Coffee and Tea Reports from the Front Line)(Burke International's trademark infringement case): An article from: Tea & Coffee Trade Journal
This digital document is an article from Tea & Coffee Trade Journal, published by Lockwood Trade Journal Co., Inc. on March 20, 2005. The length of the article is 418 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Republic of tea wins Rooibos judgment.(Coffee and Tea Reports from the Front Line)(Burke International's trademark infringement case)
Publication: Tea & Coffee Trade Journal (Magazine/Journal) Date: March 20, 2005
Publisher: Lockwood Trade Journal Co., Inc. Volume: 177 Issue: 3 Page: 10(1)
UNITED STATES -- The Republic of Tea, U.S. tea packers, has been granted a summary judgment in its favor by a United States District Court against Dallas-based Burke International, owned by Virginia Burke-Watkins. Watkins, who has been suing U.S. tea companies, cafes and Internet traders for trademark infringement for the use of the name "Rooibos" in brand names and promotional material after sending them "cease and desist" letters and demanding
royalties for using the name, was challenged in federal court by the California specialty tea company who sued for expungement.

Trademark Infringement Remedies by Brian E. Banner (Editor)

The name game.(Editor's Note)(trademark infringement lawsuits) : An article from: Arkansas Business by Gwen Moritz
This digital document is an article from Arkansas Business, published by Journal Publishing, Inc. on August 25, 2003.
The length of the article is 773 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: The name game.(Editor's Note)(trademark infringement lawsuits)(Editorial)
Author: Gwen Moritz
Publication: Arkansas Business (Magazine/Journal) Date: August 25, 2003
Publisher: Journal Publishing, Inc.
Volume: 20 Issue: 34 Page: 7(1) Article Type: Editorial
BY THE TIME YOU READ THIS, a judge will have heard the first oral arguments in the highly entertaining case of Fox News Channel v. Al Franken. It seems that Fox, having trademarked its "Fair and Balanced" slogan five years ago, has taken offense to the title of the left-leaning humorist's upcoming book, "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right."

When does a fashion trend become trademark infringement?(VIEWPOINT) : An article from: Fairfield County. Business Journal by Marina C. Cunningham, Caroline Anselmo
This digital document is an article from Fairfield County Business Journal, published by Thomson Gale on October 4, 2004. The length of the article is 1177 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: When does a fashion trend become trademark infringement?(VIEWPOINT)
Author: Marina C. Cunningham
Publication: Fairfield County Business Journal (Magazine/Journal) Date: October 4, 2004
Publisher: Thomson Gale Volume: 43 Issue: 40 Page: 38(1)
When Norwalk-based Dooney & Bourke launched a new line of handbags in August 2003 that resembled the widely popular Louis Vuitton "Murakami" bag introduced just months prior, Dooney & Bourke insisted the company was simply following a fashion trend.
Louis Vuitton, in an unprecedented move, claimed this was trademark infringement and filed a suit for damages in federal court_ For the not-so-fashion conscious: a Murakami bag includes a white or black background with colorful logos of Louis Vuitton, which are registered with U.S. Patent and Trademark Office.

The initial interest confusion doctrine and trademark infringement on the Internet: An article from: Washington and Lee Law Review by Bryce J Maynard
The recent explosive growth of the Internet as a vehicle for commerce and expression of ideas has brought with it an explosion of trademark litigation. Applying trademark law to the Internet presents difficulty because trademark infringement traditionally has required a likelihood of confusion among consumers to be actionable, and courts have had difficulty fitting the special nature of Internet confusion into this framework. Many courts have lost sight of the fact that trademark law traditionally has required reasonableness on the part of consumers and have expanded the likelihood of confusion in Internet cases to protect consumers who are gullible, careless, and easily deceived. It is concluded that the increasing frequency with which courts have been willing to find a likelihood of confusion based solely on initial interest confusion has potentially troubling consequences for the continued growth and maturation of the Internet. It is suggested that initial interest confusion should be a basis for a finding of trademark infringement only when this confusion is likely to cause competitive damage. The recently enacted federal trademark dilution and anticybersquatting statutes provide a better framework for analyzing many claims that courts have attempted to shoehorn into the traditional infringement framework.
This digital document is an article from Washington and Lee Law Review, most recently published by Washington & Lee University, School of Law on December 31, 2000. The length of the article is 26404 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: The initial interest confusion doctrine and trademark infringement on the Internet
Author: Bryce J Maynard
Publication: Washington and Lee Law Review (Feature) Date: December 31, 2000
Publisher: Washington & Lee University, School of Law Volume: 57 Issue: 4 Page: 1303-1353
The Initial Interest Confusion Doctrine and Trademark Infringement on the Internet^
Table of Contents
I. Introduction
The recent explosive growth of the Internet as a vehicle for commerce and expression of ideas has brought with it an explosion of trademark litigation. Trademark law traditionally has been an area where the most prominent features are "doctrinal confusion, conflicting results, and judicial prolixity,"1 and this is even more true in the area of Internet trademark law. As the United States Senate noted when it recently enacted a bill to help bring some certainty to this murky area, "uncertainty as to the trademark law's application to the Internet has produced inconsistent judicial decisions and...

Fair or fowl? Using sports teams' trademarks can cost the media money.(cases of trademark infringement) : An article from: American Journalism Review by Mitchell H. Stabbe
This digital document is an article from American Journalism Review, published by Thomson Gale on August 1, 2005. The length of the article is 1058 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Fair or fowl? Using sports teams' trademarks can cost the media money.(cases of trademark infringement)
Author: Mitchell H. Stabbe
Publication: American Journalism Review (Magazine/Journal) Date: August 1, 2005
Publisher: Thomson Gale Volume: 27 Issue: 4 Page: 68(3)
Some years back, a fan of the then-feeble Atlanta Falcons football team coined the name "Dirty Birds" for the fans sitting in the end-zone seats. He also sold T-shirts bearing the slogan and registered it with the state of Georgia. A few years later, the Falcons became a contending team and went to the Super Bowl. The NFL demanded that the fan stop selling "Dirty Bird" merchandise. A senior vice president for the NFL explained, "Our view is that as soon as a slogan is created that is associated with the team, it is our property."

Quick! Is it a Hummer or Jeep?(trademark infringement case)(Brief Article) : An article from: Indiana Business Magazine - This digital document is an article from Indiana Business Magazine, published by Curtis Magazine Group, Inc. on May 1, 2001. The length of the article is 769 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Quick! Is it a Hummer or Jeep?(trademark infringement case)(Brief Article)
Publication: Indiana Business Magazine (Magazine/Journal) Date: May 1, 2001
Publisher: Curtis Magazine Group, Inc. Volume: 45 Issue: 5 Page: 8
Article Type: Brief Article
Excerpt. © Reprinted by permission. All rights reserved.
Automakers' similar front ends collide in court
Like children fighting over an inheritance, Jeep and Hummer are battling in court over ownership of the seven-slot grille design found on both vehicles.
It's hardly surprising that the two vehicles would find a design element in common. After all, they share common ancestry. American Motors bought the Jeep business in 1970 from Kaiser Jeep, which traced its roots back to a Terre Haute bicycle maker. American Motors spun off the military business into a separate subsidiary, which it later sold. That entity is South Bend-based AM General Corp., while DaimlerChrysler now markets Jeeps to consumers.

Walton Arts Center sues over trademark.(trademark infringement lawsuit)(Delta House Publishing Co) : An article from: Arkansas Business
This digital document is an article from Arkansas Business, published by Journal Publishing, Inc. on May 30, 2005.
The length of the article is 432 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Walton Arts Center sues over trademark.(trademark infringement lawsuit)(Delta House Publishing Co)
Publication: Arkansas Business (Magazine/Journal) Date: May 30, 2005
Publisher: Journal Publishing, Inc. Volume: 22 Issue: 21 Page: 12(1)
The Walton Arts Center of Fayetteville on May 2 filed a trademark infringement lawsuit against Delta House
Publishing Co. of Holly Grove, doing business as Indian Bay Press.
In 2002, the Walton Arts Center hired Neill Archer Roan, a Washington, D.C., consultant, to come up with its new slogan, "Life is Sweet," and star logo featuring W's for Walton. But William R. Mayo, a lawyer and publisher of Indian Bay Press, recently began using the slogan "Life is Bittersweet" with a star logo made of M's (inverted W's) for Mayo.

Losing the name game.(Business)(A Eugene restaurant backs down after being accused of trademark infringement):
An article from: The Register-Guard (Eugene, OR)
This digital document is an article from The Register-Guard (Eugene, OR), published by Thomson Gale on November 22, 2005. The length of the article is 839 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Losing the name game.(Business) (A Eugene restaurant backs down after being accused of trademark infringement)
Publication: The Register-Guard (Eugene, OR) (Newspaper) Date: November 22, 2005
Publisher: Thomson Gale
Byline: Sherri Buri McDonald The Register-Guard
The Spanish words los jarritos refer to the little decorative clay pots common throughout Central and South America.
But they translated into a little pot of trouble for Edith and Jorge Rivera, the owners of Los Jarritos, a Mexican-Salvadoran restaurant on Blair Boulevard in Eugene.
An attorney representing Jarritos Inc., a Texas-based soda pop company, sent a letter to the Riveras in February, insisting that they stop using the name for their restaurant because it is a registered trademark. and Jorge Rivera, the owners of Los Jarritos, a Mexican-Salvadoran restaurant on Blair Boulevard in Eugene.
An attorney representing Jarritos Inc., a Texas-based soda pop company, sent a letter to the Riveras in February, insisting that they stop using the name for their restaurant because it is a registered trademark.

Spyware: Trademark Infringement or Legitimate Business Practice? by IDC, Ron Kaplan, Randy Giusto, Brian E. Burke
This IDC Insight analyzes the legislative response, legal issues, pending litigation, and future litigation trends surrounding spyware.

In trademark infringement litigation brought in Germany by California clothing firm, European Court of Justice answers question of law referred by Bundesgerichtshof ... An article from: International Law Update
This digital document is an article from International Law Update, published by Transnational Law Associates on July 1, 2003. The length of the article is 1347 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: In trademark infringement litigation brought in Germany by California clothing firm, European Court of Justice answers question of law referred by Bundesgerichtshof by ruling that protection of free movement of goods dictates that defendant who shows risk of partitioning of national markets if it has burden of proof justifies imposing burden on copyright owner to show that...
Publication: International Law Update (Refereed) Date: July 1, 2003
Publisher: Transnational Law Associates Volume: 9 Issue: 7 Page: ITEM03307001
In trademark infringement litigation brought in Germany by California clothing firm, European Court of Justice answers question of law referred by Bundesgerichtshof by ruling that protection of free movement of goods dictates that defendant who shows risk of partitioning of national markets if it has burden of proof justifies imposing burden on copyright owner to show that it initially marketed its product outside European Economic Area (EEA) and, to counter this showing, defendant would undertake burden of proving owner's consent to later marketing of product in EEA

Search Engines and Internet Advertisers: Just One Click Away from Trademark Infringement?: An article from:
Washington and Lee Law Review by Lauren Troxclair
The Internet poses significant challenges to the legal world on a daily basis. These challenges leave lawyers, companies, and courts struggling to adapt legal doctrines and theories to a rapidly changing and evolving environment.
One area of particular concern arises in the area of Internet advertising and potential trademark infringement issues.
Settlements out of court continue to leave this area of the law in flux. Several Internet search engines, including WhenU.com, Netscape, and Google, face on-going resentment and criticism from trademark holders concerning the use of trademarks in Internet advertising models. Courts face the daunting task of applying traditional trademark law to a host of Internet-specific issues. Two recent decisions, the Ninth Circuit Playboy Enterprises, Inc. v. Netscape
Communications Corp. case decided in January of 2004, and the Eastern District of Virginia Government Employees Insurance Co. v. Google, Inc. case partially decided in December of 2004, are discussed.
This digital document is an article from Washington and Lee Law Review, most recently published by ProQuest Information and Learning on September 30, 2005. The length of the article is 10176 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Search Engines and Internet Advertisers: Just One Click Away from Trademark Infringement?
Author: Lauren Troxclair
Publication: Washington and Lee Law Review (Feature) Date: September 30, 2005
Publisher: ProQuest Information and Learning Volume: 62 Issue: 3 Page: 1365-1407
I. Introduction
A frazzled law student sits down for a long night of reading. Torts, civil procedure, criminal law-all fascinating of course-yet, thoughts of spring break insist on interrupting. Taking a mental break, the law student decides to check out airfare prices on the Internet. On the student's favorite search engine, Google, she enters the search term "Delta,"
to find price quotes for her preferred airline. As the search results appear, the student notices "sponsored links" on the right hand side of her screen. One of these sponsored links reads "Cheap Airfare Here! " Intrigued, especially given the financial woes of a law student, the student clicks the uniform resource locater (URL), and a discount airfare website...

'Black BBB' under fire for trademark infringement : An article from: The Mississippi Business Journal by Lynne Wilbanks Jeter
This digital document is an article from The Mississippi Business Journal, most recently published by Mississippi Business Journal on April 10, 2000. The length of the article is 855 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: 'Black BBB' under fire for trademark infringement
Author: Lynne Wilbanks Jeter
Publication: The Mississippi Business Journal (News) Date: April 10, 2000
Publisher: Mississippi Business Journal Volume: 22 Issue: 15 Page: 1
A recently-established business that is recruiting trade show vendors for an expo that may - or may not - take place is under fire for violating a federally-registered trademark.
The Black Better Business Bureau Inc., which registered with the Secretary of State's office Nov. 22, 1999, has been asked by the Better Business Bureau of Mississippi to "cease and desist" operating under the trademarked name, said Harold Palmer, president of the statewide association.
"We have spent years developing a federally-registered name and logo, and we will not stand idly by and see someone use it in the way it's being used," Palmer said. "We have sent registered letters asking him to cease and...

Unilever goes to court in Russia over trademark infringement. : An article from: Ice Cream Reporter
This digital document is an article from Ice Cream Reporter, published by Ice Cream Reporter on March 20, 2001.
The length of the article is 412 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Unilever goes to court in Russia over trademark infringement.
Publication: Ice Cream Reporter (Newsletter) Date: March 20, 2001
Publisher: Ice Cream Reporter Volume: 14 Issue: 4 Page: 1
Distributed by Thomson Gale
Unilever, the world's leading ice cream marketer, is taking the Russian ice cream maker Metelitsa to court, claiming the latter has infringed on its trademark by offering a product almost identical to Unilever's Viennetta ice cream cake.
The online newsletter just-foods.com reports that Unilever is challenging the Moscow-based Metelitsa over that company's Venetsiya ice cream cake which is described as remarkably similar to the internationally marketed Vienetta product in makeup, as well as in its packaging and, of course, its name. According to just-food.com, Metelitsa has refuted Unilever's claims by arguing that the form of an ice-cream cake cannot be trademarked any more than the shape of a sausage. The Unilever challenge comes at...

What's in A NAME? (trademark infringement) An article from: Beverage Industry
This digital document is an article from Beverage Industry, published by Stagnito Communications on July 1, 2001.
The length of the article is 343 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: What's in A NAME?(trademark infringement)(Brief Article) Publication: Beverage Industry (Magazine/Journal) Date: July 1, 2001
Publisher: Stagnito Communications Volume: 92 Issue: 7 Page: 16
Article Type: Brief Article
For Jack Daniel's Properties Inc., San Rafael, Calif., the well-known name Jack Daniels has recently spurred a legal battle, which has now landed in court. The owners of the Jack Daniel's trademark, wholly owned subsidiary of Brown-Forman Corp., JDPI filed suit against an Upland, Calif., bottled spring water company for trademark infringement.
Aubryn International Inc., R. Bruce Harris, Gorman Properties LLC and Jack E. Daniels were cited for trademark infringement when a news release in early May was titled, "Aubryn International Signs Letter of Intent with Jack Daniels; Company Enters Into High Profitable Business Line." The release was intended to relay news of a deal with Jack Daniels, a principal in Gorman LLC and Cal West Enterprises...

In breach of implied contract and trademark infringement litigation, English Court of Appeal rejects defendant's claim that trial court erred in refusing ... : An article from: International Law Update
This digital document is an article from International Law Update, published by Transnational Law Associates on September 1, 2003. The length of the article is 847 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: In breach of implied contract and trademark infringement litigation, English Court of Appeal rejects defendant's claim that trial court erred in refusing to bar admission of twenty years of interparty correspondence in courts of Taiwan and New Zealand under "without prejudice" rule.
Publication: International Law Update (Refereed) Date: September 1, 2003
Publisher: Transnational Law Associates Volume: 9 Issue: 9 Page: ITEM03303004
In March 1974, senior executives from Prudential Assurance Co, Ltd. (Prudential UK) and Prudential Insurance Co. of America (Prudential USA) met in London and agreed on the use of the name "Prudential" in relation to the business of insurance in various territories. For example, Prudential UK would not use the "Prudential" name or mark in the United States and Prudential USA would not use that name or mark in Europe or in certain countries of the Commonwealth. By pursuing a policy of discussing and resolving problems as they turned up, the two companies
coexisted without undue conflict until the mid-1990s.

Likelihood of confusion--the basis for trademark infringement: An article from: JOM
by David V Radack
This so-called "sight, sound, and meaning" test, while the most important element, is not the only element. Also important is the relatedness of the goods or services. If the goods on which the marks are used are unrelated, the chance of confusion is slight, even if the marks are similar or even exact in sight, sound, and meaning. Examples of this situation are very common. Delta, for instance, is a service mark for airline services, but also functions as a trademark for plumbing fixtures.
This digital document is an article from JOM, most recently published by Minerals, Metals & Materials Society on December 31, 2002. The length of the article is 887 words. The page length shown above is based on a typical 300-word page.
Citation Details
Title: Likelihood of confusion--the basis for trademark infringement
Author: David V Radack
Publication: JOM Date: December 31, 2002
Publisher: Minerals, Metals & Materials Society Volume: 54 Issue: 12 Page: 80
This month featuring ... Material Matters
A trademark is a word, name, symbol, or other device, or combination thereof that serves to identify the source of goods or services and distinguish them from others. Well-known trademarks include Coca-Cola(r) for a beverage and Marlboro(r) for cigarettes. A service mark identifies and serves to distinguish the sources of competing services from each other. Famous service marks are Holiday Inn(r) for hotel services and McDonald's(r) for restaurant services. In this article, for convenience, both trademarks and service marks will be referred to as "trademarks." One of the main functions of a trademark is to prevent consumer confusion.