What is trademark infringement?
Trademark infringement occurs when a business uses the same or similar name in commerce in a way that may lead to confusion with the trademark owner’s service/product. Trademark infringement is based on this element of “confusion” that is a function of the mark’s meaning. In general, infringement does not require the infringer to be a competitor, but infringement requires a similar product. If there has been an infringement of your trademark, you can file a claim under the federal and state laws. As the plaintiff, you have the burden to prove that the use of a similar mark by the defendant has created a likelihood of confusion.