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Trademark Infringement
Infringement opinion overview:
To infringe, the
third-party's mark must be confusingly similar to the claimant's mark, and a
confusing similarity analysis includes, without limitation:
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A comparison of the similarities between the marks not only as to how they look and sound,
but also as to what they mean.
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An assessment of the similar and dissimilar elements. Are
these elements distinctive? Are these elements commonplace?
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A comparison of the
products and/or services sold under the marks. Are they the same?
Are they related? Would a consumer presume they would be sold by the same
business?
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An assessment of the
strength of claimant's mark. Is it arbitrary, suggestive, descriptive or
generic? If descriptive, has it attained secondary meaning, and if so,
when? Is it in a crowded field of similar marks? How long has it
been used? Is it well known?
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A determination of whether or not there has been actual consumer
confusion, and that in turn is weighted against the length of time and extent of
concomitant use.
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A determination regarding the sophistication of the consumer
population vis-à-vis the products or services on which the marks are used.
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A comparison of the trade channels in which the underlying
products or services are sold.
Infringement analysis is always an analysis of whether or not the
marks are confusingly similar.
Is a trademark infringement opinion worth the costs? This is
always a business decision, but a wrong decision can be costly.
other topics -
trademark weight,
naming and branding,
oppositions,
trademark searches,
trademark
registrations,
domain names, slogans,
patent myths,
copyright myths
Trademark Infringement Opinions --
expensive, time-consuming, sometimes necessary.
Initial consultations start at $240.
The
firm’s charges for trademark infringement opinions start at $2,400.
Further cost estimates available after initial evaluation.
Retainer
required.
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055
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