Legal Resource Center

What is Trademark Infringement?


A trademark is an intellectual property right in a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of goods or services of one party from those of others. Trademark infringement is the unauthorized use of a trademark, service mark, or a substantially similar mark on goods or services that are competing or related.


Test to Determine Trademark InfringementDiscover the meaning of trademark infringement

Although a use of particular trademark need not be identical in order to constitute trademark infringement, not all uses of another’s mark are considered infringement. The key to proving that an alleged use is trademark infringement is whether the use is similar enough to cause confusion to an average consumer.

The test used by courts to determine whether a claim constitutes infringement is called the likelihood of confusion test. Under the likelihood of confusion test courts consider the following factors when evaluating whether trademark infringement has occurred:

• The strength of the mark;
• The similarity of the trademark holders goods or services to the alleged infringers;
• The similarity of the allegedly infringing mark to the trademark being infringed;
• Similarity of marketing channels used for goods and services;
• The degree of care likely exercised by customers purchasing the goods or services;
• The alleged infringers intent when they selected their mark;
• The likelihood of expansion of parties products or services into new markets; and
• Actual evidence of consumer confusion.


Damages & Remedies for Trademark Infringement

When trademark infringement occurs, a trademark owner may file a lawsuit against the infringing user of the same or similar mark to prevent further use of the mark. Remedies for trademark infringement can include an injunction to stop the infringing use, monetary damages for the wrongful use of the trademark, and sometimes awards of attorney fees.


Internet Trademark Infringement Removal Attorneys

If you believe that you or your business is a victim of a trademark infringement involving the internet, contact the experienced internet removal attorneys at Meyers Roman Friedberg & Lewis, LPA to evaluate your case. In many instances, it is possible for an attorney to completely remove infringing content from the web. Call (216) 831-0042 today to find out more information.

Revenge Porn: How to Fight Back [50 State Interactive Map]

Of all the posts I’ve written in my years of running this blog, few have gotten more traffic and response than an article I wrote three years ago on revenge porn. It focused on the malicious revenge porn site,, which posts intimate, personal and sometimes...
Read More

Defamation of Character – What is Online Defamation?

You sleep in one morning and wake up to find 30 messages on your phone. Rubbing the sleep from your eyes, you grope for an explanation. It is not your birthday, and there are no reports of terror attacks on your newsfeed. When you open the first message, though, you...
Read More

How to Remove Fake Google Reviews

Most business owners are aware of the importance online reviews play in expanding or maintaining one’s clients and business relationships. While positive reviews can spur potential clients to call, e-mail, or come to your place of business, a negative review can have...
Read More

‘Sugar Babies’ Not All So Sweet

Kent State University recently cracked the top 10 in national rankings. Kent didn’t win recognition for its prowess in basketball or academics. Rather, Kent has become nationally prominent for producing sugar babies. Sugar babies are women, usually college students or...
Read More

How to Report Slander on Twitter

Twitter is a popular social networking site that allows people to send, receive and read short 140-character messages that are commonly known as tweets.  Not only can users post tweets they can also share,  commonly known as retweet, other people’s posts. Twitter has...
Read More