If a person uses your signature without your consent, it’s known as trademark infringement. In ascertaining whether there was a trademark violation, courts will examine whether there’s a “likelihood of confusion” between your signature and another mark.
In other words, if the customer would probably be confused as to who’s the origin of the merchandise or services.
Courts consider many factors in determining whether there’s a probability of confusion, like the potency of your own mark, the similarity of these marks, if there was actual confusion, and the aim of the suspect in using your own signature.
Dilution occurs every time a signature’s distinguishing quality is fuzzy or tarnished by a different marker. There does not need to be some chance of confusion. The signature is tarnished if a comparable mark is put on a poor product of lesser grade, even if it’s an entirely different item.
Should you sue someone for infringing on or minding your signature, they could increase several defenses to this claim.
An identical defense is called nominative use, which occurs when the usage of this trademark is essential to spot another item.
As an example, a running magazine can’t do a questionnaire about who wears those Nike products without using the trademarked name Nike.
Should you acquire a trademark infringement suit, these remedies can be found:
- Prevention of this defendant by using the trademark
- Retrieval of this defendant’s gains that resulted from the breach
- Retrieval of losses suffered as a result of the breach
- Triple the compensation, If You’re Able to prove the defendant acted “in bad faith,” meaning it Wasn’t unintentional
- Possible recovery of attorney’s fees
The remedy for dilution is significantly more restricted. Damages are only granted if the defendant intentionally attempted to gain by using a trademark like the one.
Before you begin with a signature, you need to do some investigating to be certain nobody else is using it.
This can be known as “clearance” It is possible to hire a company to perform the signature hunt, or you could do it yourself by appearing online and looking for the USPTO database.
It’s also advisable to look for variants on the title that may be considered infringing. If you realize that the trademark you’re thinking about is currently being used with a third party in relation to the exact same or comparable products or services,
Or a third party is using a confusingly similar trademark in relation to the exact same or comparable merchandise or services, you ought to get another trademark. It’s not worthwhile to move and hope for the best. Your company might be financially destroyed by means of a trademark infringement case.