Trademark strength is measured through its recognition on. Infringement, dilution, cybersquatting, and false advertising are forbidden against trademarks, depending on strength.

The Lanham Act provides civil liability for trademark infringement, trademark dilution, cybersquatting, and false advertising. The act gives U.S. district courts nonexclusive jurisdiction over these lawsuits, meaning that plaintiffs may choose to file such lawsuits either in federal or state court.

Trademark Infringement

Trademark infringement consists of unauthorized use of a registered (or similar) mark that creates a likelihood of confusion for consumers as to source of origin of goods. Owners of unregistered trademarks may sue under a similar claim called “false designation of origin.”

Courts look at many factors to determine if unauthorized use of a mark is likely to confuse consumers. Some of these factors include the degree of similarity between the marks used by the parties, the degree of similarity between the parties’ products, whether the defendant intended to deceive the public, whether survey data reveals actual confusion, and the sophistication of the relevant consumers. Confusion may be less likely, for example, if the defendant uses a recognizably different mark or if the relevant buyers are sophisticated companies. Courts also consider the “strength” of the plaintiff’s trademark, both in terms of its marketplace recognition and on a strongest-to-weakest scale of fanciful, arbitrary, suggestive, and descriptive marks.

Stronger trademarks receive a higher level of protection, with courts regarding unauthorized use of stronger marks as being more likely to confuse consumers.