A TRADEMARK IDENTIFIES a company and its product(s) or service(s) to consumers. Trademarks that are successfully identified with a particular company may be instantly recognizable. For instance, children all over the world, even those who cannot read, know that the golden arch trademark represents McDonald's fast food restaurant.

Trademark infringement deals with commercial use of a trademark “without the consent of the owner with intent to cause confusion or to cause a mistake or to deceive.” Trademark infringement may consist of reproducing, counterfeiting, copying, or deceptively imitating a registered trademark. The infringement may occur through the use of the violating trademark in advertising, packaging, letters, websites, promotional materials, etc. Successful trademarks often imbue consumers with feelings of familiarity and confidence; therefore, when another individual or company ...

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