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Infringement (of Trademark) at Legal Glossary

What is it? 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 defendants 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 others use of the infringing mark and sometimes collect damages.

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