Soni & Soni is happy to offer you consultation service for trademark infringement. Trademark infringement is a breach of the exclusive rights of a trademark without any authorization from the trademark owner. Trademark infringement takes place when a person or a business uses a trademark, which resembles to the products owned by another business. The trademark owner has the right to initiate a proceeding against the party that infringes. The trademark owner is also entitled to a remedy from passing off or infringement of an unregistered and registered trademark respectively.
In order to determine infringement of a registered trademark, it is necessary to establish that the infringing mark is deceptively similar to the registered mark. In a passing off action it is essential to prove that the use of the trademark by the defendant is expected to cause harm to the plaintiff’s goodwill, whereas the use of the mark by the defendant need not cause any injury to the plaintiff.