Different Types Of Trademark Infringement
Trademarks are a kind of IPR that provide protection to certain terms or logos used by a company. Their main function is to safeguard the consumers from being misled by similar goods in the market. But, they also allow the trademark owner to prosecute anyone trying to counterfeit their marks for making personal profits.
The two major causes of legal action brought under trademark law are dilution of the trademark of a known firm and chance of confusion for the customers.
The infringement caused by dilution of the trademark involves actions on part of other companies or manufacturers that will lead to affecting the uniqueness of the trademark of a well known company, which in turn would reduce the reputation of its products in the market. For instance, if the trademark of a shoe polish manufacturer significantly resembles that of a well known food manufacturer, consumers might think that the firm is moving away from its core product, which might affect its quality of products.
The violation based on likelihood of misunderstanding arises when two trademarks are exactly alike or so similar that the consumers can’t differentiate between them. The confusion could be with respect to the source of the product, its sponsors, or to any other aspect related to it. The confusion is likely to occur because an ordinary customer would not be able to recollect the exact details of an item. In such a case, a violation of trademark would have major potential to cause financial damage to the company that owns the genuine trademark.
However, there are many other claims that are possible in terms of trademark infringement. The trademark holder can take punitive action against a company that tries selling off its products as ones originating from the firm that owns the trademark. Similarly, the trademark holder can also claim unfair competition and other trade malpractices.
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