It is important to recognize trademark infringement, whether you are protecting your own trademark against infringement or want to avoid inadvertently infringing on someone else’s trademark. Reading about actual trademark infringement cases can help educate you about what trademark infringement is and how to identify and avoid it.
If you believe your trademark has been infringed upon, you have a right to take legal action against the infringing party and may be entitled to monetary damages as well as an injunction against the infringer to stop their infringing actions. Call Thompson Patent Law at (512) 649-1046 to take advantage of our trademark attorney’s 20-plus years of experience and knowledge in defending trademarks against infringement.
What is a Big Example of Trademark Infringement?
In 2015, the American manufacturing corporation known as 3M sued the Chinese company Changzhou Huawei Advanced Material Co Ltd. (CHW) For using “3N” on a reflector tape product that was substantially similar to the original 3M-branded reflective tape. The tape was red and white, as was 3M’s similar product. The logo was the same color and font as the well-known 3M logo and was positioned in the same place on the product.
The court found that not only had CHW infringed on 3M’s trademark but that it had done so knowingly and without permission in order to cut into 3M’s market share. It did not help CHW’s case that it had been denied a trademark on the “3N” logo previously based on its similarity to 3M’s logo. Although 3M could not prove its actual losses from the infringement, the Chinese court awarded 3M the equivalent of over $550,000 US dollars due to the willful and improper trademark infringement by CHW.
What Are Other Cases of Trademark Infringement?
There have been many cases of trademark infringement in which a trademark has been found to be too similar to an existing trademark. Examples include Magnavox (electrical and sound equipment) vs. Multivox (musical instruments), Maternity Yours vs. Your Maternity Shop, Hpnotiq (liqueur) vs. Hopnotic (beer), Flossies (dog treats) vs. Flossbone (edible dog chews), Seycos (watches) vs. Seiko (watches and clocks), and Woody Stout vs. Woody Brown Ale vs. Woody Wheat (all beers). As you can see from these examples, trademark infringements do happen. It takes vigilance to make sure that a competitor is not cutting into your profits by infringing on your trademark. The experienced trademarks attorneys at Thompson Law Group can help you put a stop to trademark infringement and seek the monetary damages you may be entitled to. Call us today at (512) 649-1046 to let us assist you in protecting your trademarks to keep your profits and reputation strong.
Doesn’t the USPTO Help to Protect My Trademark?
The United States Patent and Trade Office registers trademarks and maintains a searchable database, but does not monitor the use of trademarks or take action on infringements. It is the responsibility of the trademark holder to monitor activity in their particular industry and to bring action against infringement if there is any.