Join Dana Robinson for an in-depth discussion in this video Handling infringement on your mark, part of Understanding Trademarks: A Deeper Dive.
- 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 of your rights in two ways.…
DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LinkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.
- Explain the differences between a service mark and a trademark in the context of legal protection under intellectual property law.
- Determine how to perform a search to determine if there is prior use of a trademark.
- List the benefits of registering a trademark.
- Explain the negative consequences of sending a cease and desist letter over a trademark.
- Identify the consequences of not using a trademark within three years.