JOUR 625 Lecture Notes - Lecture 9: Trademark Infringement
22 May 2020
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Document Summary
Once you have your trademark rights, you have the rights to sue others for infringing on the things you"ve protected. The government isn"t going to help protect you, so you need to use the rights you have to sue others for infringing on your rights. In the same way, if someone else things your trademark infringes on them, then they have the right to sue you for infringing on their work. Infringement is an analysis of whether there"s a chance that someone is confused between two separate and different marks. Courts use this test, as well as the trademark office. It differs from jurisdiction to jurisdiction, but overall, they use the same basic elements. The strength of the mark deals with whether the mark is weak or strong, descriptive or suggestive, or arbitrary and fanciful. Descriptive and suggestive is more weak, while arbitrary and fanciful is more strong. The first analysis of infringement is analyzing the strength of the mark.
