Trademark Infringement
Trademark infringement is a violation of the exclusive
rights attaching to a trademark without the authorization of the
trademark owner or any licensees (provided that such authorization was within
the scope of the license). Infringement may occur when one party, the
"infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party,
in relation to products or services which are identical or similar to the
products or services which the registration covers. An owner of a trademark may
commence legal proceedings
against a party which infringes its registration.
In
many countries (but not in the United States, which recognizes common law
trademark rights), a trademark which is not registered cannot be
"infringed" as such, and the trademark owner cannot bring
infringement proceedings. Instead, the owner may be able to commence
proceedings under the common law for passing
off or misrepresentation, or under
legislation which prohibits unfair
business practices. In some jurisdictions, infringement of trade dress may also be actionable.
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