brand glossary: trademark infringement

Trademark infringement is the unauthorized use of a trademark by someone other than its owner. Such infringement can cover the use of an exact name or logo, but it also covers use of confusingly similar marks. Consequences can include an injunction, a lawsuit, damages, and attorney fees, so thorough legal checks are critical in the development and choice of any name or logo for a company, product or service. It’s important to remember that any actual consumer confusion is not required for infringement to happen–all it takes is for a likelihood of confusion to be demonstrated.

See also: Likelihood of confusion, Trademark, Name