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Understanding the types of copyright infringement

On Behalf of | Jan 6, 2023 | intellectual property law

Trademarks have federal protection, and you can take legal action against someone infringing on your trademarks. Remember that, in order to protect your trademarks, you should understand the different types of infringement first.

The more you understand, the easier it is to define infringement on your trademarks and take the necessary action.

Direct infringement

Direct trademark infringement comes in a few different forms. The direct, deliberate use of your trademark without your consent is also direct infringement, as is the use of a similar trademark within the same class or industry.

The use of anything that is similar to or identical to your trademark is direct infringement. This is particularly true if there is likely confusion between your trademark and the other mark, leading to confused consumers who may not know the difference.

Indirect infringement

Indirect infringement, on the other hand, applies to those who are not actually infringing on your trademark but are supporting someone who is. Facilitating the infringement of a trademark is indirect infringement, and it is illegal as well.

First use

If another party is claiming first use of your trademark to claim their right to it, you must prove otherwise. The more information you have about your trademark and its establishment, the easier it is to defend.

Trademark infringement is more common than you think in commercial circles. Filing your trademark registration is only the start. Monitor its use and be ready to defend your trademarks at all times against both direct and indirect infringement threats.