Surprisingly, apart from the cyber crimes, even the trademark infringement claims are increasing day-by-day. As such, courts use a rigorous analysis to find out whether an individual or organization has been involved in the trademark infringement activity of another entity.
Accordingly to the legal proceedings, the courts adopt eight factor analyzes to determine, whether case is really that of trademark infringement or just a matter of co-incidence, which has created confusion and disputes amongst two or more distinct business entities.
There have been several prominent cases of trademark infringement disputes in past, such as that of Weiner King, Inc. versus the Wiener King Corp. After rigorous analysis court decided to wind up the case by declaring that Wiener King could be used concurrently by both the companies, as one of them uses it in New Jersey, while the other one is restricted to business in North Carolina.
However, if an entity is found guilt of trademark infringement charges, then the repercussions may be pretty ugly. So in case you receive an ambiguous letter from another company that is using your logo, trademark punch line or part of the name to promote their business or affecting yours in any form, you must consult an experienced lawyer who knows just about everything pertaining to trademark infringement.
On the other hand, in case you've been using the logo or business motto of another business entity unknowingly and have been charged against trademark infringement, you must catch hold of an established law firm or a capable attorney on the fly, before things actually slip out of control.
The eight prime factors that are involved in assessing the likelihood of confusion, leading to the trademark infringement dispute include the proximity or relatedness of the services. Also included are product or business aspects of both the companies, the likelihood of expansion in product lines, marketing channels used, strength of the plaintiff mark, evidence of actual confusion, defendant's intent in selecting its mark as well as the likelihood of expansion in product lines.
Moreover, most of the cases that involve trademark infringement are rather tough to solve, as more often than not. Most of the time, business entities will settle down on giving up the usage of the concerned business object that is violating some form of copyright. In most of the cases, lawyers play the crucial role in settling such trademark infringement issue. So in case you're involved in any such trouble, contact your lawyer right away.
Author Resource:-
Jeff Ryan creates quality legal articles to help you learn more about common legal issues.
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