From the course: Understanding Trademarks: A Deeper Dive
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Handling infringement on your mark
From the course: Understanding Trademarks: A Deeper Dive
Handling infringement on your mark
- We've talked about what it means to infringe a trademark. Infringement is the use of a mark that is confusingly similar to someone else's mark. Infringement is analyzed through a multi-part test that looks at the strength of the mark, the similarity of the marks, the relatedness of the goods, the marketing channels, actual confusion, and other factors. If you believe that someone infringes your mark then you'll want to take action, but before you take action you need to do one important thing. Check first to be sure that you are in fact the first user of the mark. If you are not then when you write your letter to the would be infringer they might do some research and come back to you, and say that you are in fact the infringer because they're the first user. That's not a fun thing to have happen. Be sure that your rights are senior before you send any kind of letter to a potential infringer. Once you've determined that you are the senior user of the mark, you can inform an infringer…
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