Intellectual Property Law

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Trademark Infringement Laws

What is trademark infringement?

Trademark infringement is where a person violates the exclusive rights attached to a trademark without the permission of the trademark owner or any licensees, provided that that type of authorization is covered in the license. When a person uses a trademark which is the same or close to a trademark owned by another person is considered to be infringement. The person that has the trademark may use the court system against the person who commits the copyright infringement. Trademark infringement often cause many questions. Read below where Experts have answered many individuals’ questions pertaining to trademark infringement.

If a person feels that they are being infringed upon by another website selling the same product and using the same name, what can he/she do to stop this without talking it to court?

The person would need to send a Digital Millennium Copyright Act (DMCA) notice to the web host using the copyright infringement as a reason for the website to be to be taken down. This will stop the internet sales and usage of the trademarked name. Also the person may need to try and send a letter asking the website to change their name so that they are not committing copyright infringement any more. If these avenues do not work, then the person may have to proceed with court.

If a person wanted to come up with a name for a non-profit fundraiser and wanted to use something along the lines of Hoopla Madness, would this be considered trademark infringement?

Using Hoopla Madness would more than likely be considered a derivative use of the trademarked March Madness that the National Collegiate Athletic Association (NCAA) uses. Also if the person just used Madness in the name would also be considered the same, but if the person were to use just Hoopla, then that would not be considered trademark infringement.

If a person wants to trademark their name, Johnson Hewitt, but the tax company Jackson Hewitt already is using the name, would this be considered trademark infringement?

A person’s name, first or last, is very hard to maintain a trademark right over. If the name is used in a different industry than Jackson Hewitt is used, then there should be no issues using the name of Johnson Hewitt due to the fact the names are different and there is no likely way to get the businesses confused with one another.

If a person wants to trademark Strong LAX for his/her sporting good company, with LAX being a nickname for lacrosse, but here is a camp in Texas that is named Strong Lacrosse, would this be considered copyright infringement?

Since the LAX is a made up word for lacrosse, this will help with the person wanting to get a trademark on the name. Since the names are distinctly different and each provides different services, this would not be considered trademark infringement.

When someone wants to trademark an item or a name, he/she may have questions regarding what they should do, what would be considered trademark infringement what steps they should take to see if the name is trademarked already. The person should consult an Expert to gain insight into trademark infringement.
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