Common Types of Trademark Violation
Trademarks are intellectual property rights that provide safety to certain words or symbols used by a firm. Their main role is to protect the customers from being influenced by similar goods in the market. however, they also allow the trademark holder to sue anyone trying to fake their marks for making personal profits.
The two major causes of legal action brought under trademark law are dilution of the trademark of a renowned company and likelihood of misunderstanding by the customers.
The infringement caused by dilution of the trademark includes purposeful actions on part of other firms or persons that will lead to affecting the uniqueness of the trademark of an established company, which in turn would reduce the reputation of its goods in the market. For instance, if the trademark of a pesticide manufacturer is identical or even similar to that of a well known food manufacturer, customers might believe that the firm is moving away from its core product, which might affect its perceived quality.
As far as the possibility of confusion is concerned, it is based on the striking similarity of the two marks, making it hard for the consumers to distinguish between the products. The said confusion can be with regard to the source of the product, sponsor or any other crucial factor. The main reason behind such confusion is that companies are generally dealing with average customers with imperfect memory of the products that they find in the market. In such a situation, the real trademark owner is at a danger of significant revenue and reputation loss on account of a deliberate infringement by another company.
However, there are various other claims that are possible with respect to trademark infringement. One such claim is where an action is taken because another company is projecting its products as if they were created by the owner of the trademark. Similarly, the trademark owner can also allege unfair competition and other trade malpractices.
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