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FL IP lawyerA trademark can mean everything to the viability of a business. A trademark is defined as a phrase, symbol, or word utilized to identify a business. For many of the country’s most successful businesses, their trademark has become a meaningful aspect of our consumer society. All that understood, here in the United States trademark infringement is taken incredibly seriously. The punishment for trademark infringement can ruin a person’s reputation and financially devastate their financial goals. Below we will examine just what trademark infringement truly is, and what the legal ramifications of infringement can be. If you have been accused of trademark infringement, it is paramount to speak with a qualified attorney immediately.

What Is Trademark Infringement?

In the event of trademark infringement, the trademark owner has the right to file a civil lawsuit addressing the violation. The process of infringement takes place when a person or corporation’s intellectual property is utilized, reproduced, or even sold without the company’s permission. In order to prove that infringement took place, there are a number of criteria that must be met. For instance, the trademark in this instance has to be owned by the victim. The attorneys for the victim also must be able to prove that the accused had access to the trademark and knowingly used the trademark without the permission of the owner.

What Trademark Infringement Could Cost You

Due to the financial toll that trademark infringement can take on a company, the punishment for infringement can be significant. Trademark infringement can constitute either a civil or criminal offense. In a civil copyright infringement case, a person may have to pay up to $30,000 in infringement fines. In a case in which the offender was willfully infringing they could be forced to pay as much as $150,000. It should be noted that trademark infringement can cost you in more than just finances. For additional information on the impact of a trademark infringement accusation, contact our team of cyberlaw professionals.

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Florida trademark attorneysTrademark registration law is full of interesting quirks and cases. In this post, we will answer two frequently asked questions about trademark law in the context of well-known brands.

Can One Product Have Multiple Trademarks?

A product or service can have multiple elements that can and should be trademarked individually. The MonopolyⓇ board game provides a good illustration of this. Hasbro, Inc. has registered trademarks for the Monopoly brand name, the Mr. Monopoly name and character, and the unique names and symbols of the game board’s corner squares (In Jail/Just Visiting, Go to Jail, Free Parking, and Go - although any game can use the word “go”). Each of these trademarks is a distinct verbal and/or visual element that consumers use to identify a product as coming from the Monopoly brand.

In an interesting twist, US courts have ruled that Hasbro’s trademark is not infringed by other board games that use names ending in “opoly” combined with a familiar-looking game board, i.e., spaces labeled with place names lining the four sides of a square board. For example, no trademark infringement has been committed by Late for the Sky Production Company’s city-based games such as Tampa-Opoly and university-based games such as Gator-Opoly. These games cannot, however, use the trademarked corner symbols that appear on the Monopoly brand game board nor can they use the Mr. Monopoly character. In addition, when these games use trademarked university logos, they must have permission from the trademark owner.

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