A trademark or trade mark, identified by the symbols and ®, or
mark is a
distinctive sign or indicator used by an individual, business organization
or other
legal entity to identify that the products and/or services to consumers with
which
the trademark appears originate from a unique source of origin, and to
distinguish
its products or services from those of other entities.
Trademark Infringement is the unauthorized use of a protected trademark or
service
mark, or use of something very similar to a protected mark. The success of
a lawsuit
to stop the infringement turns on whether the defendant's use causes a likelihood
of
confusion in the average consumer. If a court determines that the average
consumer
would be confused, the owner of the original mark can prevent the other's
use of the
infringing mark and sometimes collect damages.
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