Causes Of Action For Trademark Infringement
Trademarks are intellectual property rights that protect words, graphics and symbols used by a particular firm. They provide the trademark owners with the rights to bring legal proceedings against the violators or imitators of their mark and at the same time avert the consumers from being influenced by counterfeit products available in the market.
The two major causes of action brought under trademark law are dilution of the trademark of a renowned firm and chance of confusion for the customers.
A trademark can get diluted by the unlawful actions of unscrupulous persons or firms, which can reduce the stature of the company by harming the image of the trademarked product with respect to a particular aspect or in an overall manner. For instance, if the trademark of a shoe polish manufacturer significantly resembles that of a well known food manufacturer, consumers might believe that the company is moving away from its core product, which might affect its perceived quality.
The chance of confusion arises in case of use of trademarks that are exactly alike or so deceptively similar that the consumers will fail to differentiate the two. The misunderstanding could be with respect to the source of the item, its sponsors, or to any other factor related to it. The confusion is likely to occur because an average customer would not be able to recollect the exact details of a product. In such a case, a trademark infringement would have major potential to cause commercial damage to the company that owns the original trademark.
However, there are several other allegations that are possible in terms of trademark infringement. One such allegation is where an action is taken because another company is marketing its products as if they were manufactured by the trademark owner. In the same way, claims can also be brought on account of unfair market competition.
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