Respuesta :
The defense to a charge of trademark infringement is the use is a "fair use".
What is Trademark Infringement?
- Unauthorized use of a trademark or service mark on or in connection with products and/or services in a way that is likely to lead to misunderstanding, deceit, or error regarding the source of the goods and/or services is known as trademark infringement.
- A plaintiff must prove both that it owns a legitimate trademark that is entitled to protection and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent in order to succeed on a claim of trademark infringement.
Some Examples of Trademark Infringement
- The selling of garment manufacturers attaching brand labels to generic products in an effort to make them "pass off" as original is one such instance of trademark infringement.
What are the Elements of Trademark Infringement?
The three distinct criteria of "use," "in commerce," and "likelihood of confusion" must all be present in order to prove trademark infringement.
- A limiting effect of the use requirement is that it prevents trademark owners from claiming a broad right to control language.
- Some actions taken by a seller or producer to profit from a rival's brand recognition do not qualify as "use" for the purposes of a trademark infringement claim.
The following actions satisfy the "in commerce" requirement
- the alleged infringer's advertising in multiple states;
- interstate transfer of goods from producer to seller that display an infringement mark;
- delivering a goods to a different state in order to register a trademark;
- advertising in publications with interstate distribution, on billboards near interstates, on radio or television stations with interstate broadcasting ranges, or in magazines with interstate distribution
To know more about Trademark Infringement
https://brainly.com/question/1251364
#SPJ4
