Infringement (of trademark)

Joinder of Issue

Unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. the success of a lawsuit to stop the infringement turns on whether the defendant’s use causes a likelihood of confusion in the average consumer. if a court determines that confusion is likely, the owner of the original mark can prevent the second user’s use of the infringing mark and sometimes collect damages.compare: dilution

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