Legal Definitions - infringement (of trademark)

Trademark infringement occurs when a person or entity uses a trademark, or a mark that is confusingly similar to it, without permission from the trademark owner. This unauthorized use must be in connection with goods or services that are related or competitive, and it must be likely to confuse the average consumer about the origin, endorsement, or association of those goods or services.

The core legal test for trademark infringement is whether the unauthorized use creates a "likelihood of confusion" among consumers. This means a court will assess whether an average person would mistakenly believe that the unauthorized product or service comes from, is sponsored by, or is otherwise affiliated with the original trademark owner. If such confusion is likely, the trademark owner can take legal action to stop the unauthorized use and potentially seek compensation for damages incurred.

Here are some examples illustrating trademark infringement:

• Imagine a small, local bakery opens under the name "Starbites Coffee & Treats" and uses a green and white circular logo with a mermaid-like figure. This bakery sells coffee, pastries, and sandwiches, similar to a globally recognized coffeehouse chain. The use of a name and logo so similar to the established brand, especially for competing products like coffee, would likely cause consumers to believe that "Starbites" is either an official branch of the larger chain or is somehow endorsed or affiliated with it. This creates a strong likelihood of confusion, making it a clear case of trademark infringement.

• Consider a new online streaming service that launches with the name "Netflicks" and adopts a red and black color scheme for its website and app, similar to a prominent existing streaming platform. Even if "Netflicks" offers a slightly different selection of content, the close resemblance in name and visual branding for an identical type of service (streaming entertainment) would likely mislead consumers into thinking it is either the same company or a subsidiary. This unauthorized use of a confusingly similar mark on competing services constitutes trademark infringement because of the high probability of consumer confusion.

• Suppose a clothing manufacturer starts selling t-shirts and hats featuring a design that closely mimics the distinctive logo and team colors of a well-known professional basketball team, without obtaining any license or permission from the team. While the clothing manufacturer is not selling basketball tickets or merchandise directly from the team's official store, apparel is a common product associated with sports teams. Consumers purchasing these items might reasonably believe they are officially licensed merchandise, thereby confusing the source or endorsement of the goods. This unauthorized use of a similar mark on related goods would be considered trademark infringement.