Trademark Litigation Lawyer

Trademark Litigation In trademark litigation‚ a frequent issue is whether or not a likelihood of confusion exists between two trademarks. Many factors are considered in this determination‚ but the two primary factors are the similarity of the trademarks and the similarity of the goods or services. If a typical consumer is confused between the two uses‚ then a likelihood of confusion exists. It is the Plaintiff’s burden to prove that a likelihood of confusion exists. Generally, the Plaintiff must also prove ownership and prior use. For these issues‚ a trademark registration can create presumptive rights. If the Plaintiff is successful [...]