Trademark Infringement - Unregistered Trademark

State:
Multi-State
Control #:
US-JURY-11THCIR-10-2
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Word
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Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Trademark Infringement — Unregistered Trademark is the use of a trademark, name, logo, phrase, or other identifying symbol of a business or product without the permission of the trademark holder, and without a trademark registration. This type of infringement typically occurs when someone uses a symbol, phrase, or design that is similar or identical to an established brand's logo, name, or slogan. There are two types of trademark infringement — registered trademark infringement and unregistered trademark infringement. Unregistered trademark infringement occurs when a person or entity uses a trademark, name, logo, phrase, or other identifying symbol that is not officially registered with the trademark office, but is still substantially similar to somebody else's trademark. This can occur even if the trademark holder has not registered their mark with the trademark office. If the trademark holder is able to prove that the use of the mark is likely to cause confusion among consumers, then they may be able to pursue a claim of trademark infringement against the infringed. The trademark holder may also be entitled to damages for lost profits or other losses resulting from the infringement.

Trademark Infringement — Unregistered Trademark is the use of a trademark, name, logo, phrase, or other identifying symbol of a business or product without the permission of the trademark holder, and without a trademark registration. This type of infringement typically occurs when someone uses a symbol, phrase, or design that is similar or identical to an established brand's logo, name, or slogan. There are two types of trademark infringement — registered trademark infringement and unregistered trademark infringement. Unregistered trademark infringement occurs when a person or entity uses a trademark, name, logo, phrase, or other identifying symbol that is not officially registered with the trademark office, but is still substantially similar to somebody else's trademark. This can occur even if the trademark holder has not registered their mark with the trademark office. If the trademark holder is able to prove that the use of the mark is likely to cause confusion among consumers, then they may be able to pursue a claim of trademark infringement against the infringed. The trademark holder may also be entitled to damages for lost profits or other losses resulting from the infringement.

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Trademark Infringement - Unregistered Trademark