Article · Intellectual Property
Trademark Infringement and Related Rights: The Enforcement Landscape
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-09-07
- Topic
- Intellectual Property
This is the enforcement installment of UpLaw's trademark overview, covering what happens once a mark is misused and how owners fight back. It anatomizes the central infringement question—likelihood of confusion—and the circuit-specific multifactor tests that decide it, then maps the neighboring federal causes of action: dilution of famous marks under the TDRA, cybersquatting under the ACPA, false designation of origin and false advertising under Section 43(a), counterfeiting, gray-market imports, secondary liability, and the newly cabined extraterritorial reach of the Act after Abitron. It works through the full defense bench, including descriptive and nominative fair use, the equitable defenses, and the expressive-use rules the Supreme Court reset in Jack Daniel's Properties v. VIP Products. It closes with the remedial toolkit—injunctions, disgorgement, damages, statutory and enhanced awards, fees, seizure, and customs recordation—plus a forum-selection guide and a practical enforcement program. Every doctrine is illustrated with clearly labeled hypotheticals and anchored to primary authority.
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