Generally, trademark infringement is the unauthorized use of a trademark (including state
trademarks, common law trademarks, and federally registered trademarks), or use of a mark that is confusingly similar to a trademark, on similar goods or services covered by the trademark.

Although the test for trademark infringement varies depending upon the court (e.g. state court, federal court, etc), common factors used to determine trademark infringement are:

* The similarity of the trademarks
* The similarity of the marketing methods for the goods or services
* The similarity of the channels of distribution for their goods or services
* The level of sophistication of the prospective purchasers for the respective parties’
goods or services, and the degree of care used in purchasing such goods or services
* The strength of the trademark
* When the second mark is used with different goods or services than those associated
with the trademark, the likelihood that consumers would expect the holder of the
trademark would expand into the field of the second mark
* Any overlap between the geographic markets of the owners of the two marks, and
whether the first trademark is known in the geographic area of the second mark
* The intent of the alleged trademark infringer
* The actual confusion between the two trademarks

The test for a finding of trademark infringement weighs the various factors, with some factors more important than others. If trademark infringement is found, the remedies available to the owner of the trademark vary, and can include injunctive relief (a court order to stop using the mark) and monetary damages.

If you suspect that your trademark is being infringed, it is important that you act quickly. Delays can lead to lost revenue for your business, and can additionally hurt your chances of prevailing in any subsequent trademark litigation. We provide a 10 minute telephone consultation with an attorney free of charge.

To schedule a consultation, please contact us online, or call us at 310-277-0444. In office consultations, and in depth telephone consultations, are available for a $200 consultation fee.