Your brand is one of the most important business assets that you need to protect. One aspect of the brand is its trademark. Your company’s trademark is a phrase, word or symbol that lets the public know your company from other companies.
Because of the serious purpose of the trademark, it’s protected by law. It’s imperative that all companies protect their trademark and ensure that they aren’t infringing on any other company’s trademark.
What is trademark infringement?
Nobody can use a company’s trademark without permission. It’s possible that a claim of trademark infringement could come about when the trademark is used without having the owner’s permission. Typically, trademark infringement involves deceptive practices that try to confuse or deceive individuals about what company is represented.
For a successful trademark infringement case, there are several things that need to be proven. These include:
- Ownership of the original trademark (which company used it first or took steps to protect it)
- Showing that the trademark is causing consumers to be confused about the company
- The party accused of trademark infringement acted willfully
During the case, the court will look at various points, such as the similarity of the trademarks and the alleged infringer’s intentions. Other factors can also come into the picture in these cases, so it’s best to look at all avenues that are possible.
Any company in Hawai‘i that’s dealing with a case involving trademark infringement should ensure they know their rights and options. This can help them to develop a plan to address the matter in the way that’s best for the company.
Notice: We are providing this as general information only, and it should not be considered legal advice, which depends on the facts of each specific situation. Receipt of this content does not establish an attorney-client relationship.