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Understanding The Infringement of Trademark and Remedies

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Trademark infringement is the illegal use of a trademark or service mark on or in association with goods and/or services in a manner that is possible to cause deception, confusion, or error about the basis of the goods and/or services. What will occur if someone sues for trademark infringement? A trademark proprietor who thinks its mark is being infringed can file a lawsuit in either federal court or state court, based on the circumstances. But, in most cases, trademark owners prefer to prosecute for infringement in federal court. Even when a petitioner selects state court, it may be possible for the defendant to have the case "eliminated" to federal court. If the trademark owner can prove trademark infringement , available remedies may comprise the following: A court order that the defendant stop using the accused mark; An order necessitating the annihilation or penalty of infringing articles; Monetary relief, comprising the defendant's