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Steps to Avoid Accidental Trademark Infringement Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. ... Enlist help. ... Consider general liability insurance. ... Register your trademark. ... Document your findings.
Brand infringement could include an online retailer selling electronics and using a name, logo, or design similar to that of Apple, which might lead consumers to believe they are purchasing products directly from Apple or an authorized reseller.
Responding to a cease and desist letter Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...
(b) You may respond by requesting more specific evidence as to why the trademark owner believes you are infringing its mark, including exploring dates of first use, whether the mark is federally registered, and the geographic areas where the mark has been used.