Components of a Trademark Infringement Case
In order to successfully mount a trademark infringement lawsuit, the plaintiff must demonstrate that he both has a bona fide right (ownership) to the mark and; the offending trademark is sufficiently similar to the plaintiff’s trademark that it will cause (or better yet, has caused) consumer confusion.
To prove ownership, the individual bringing the lawsuit (plaintiff) may either provide evidence of a registered trademark (Federal or State), or show that that the plaintiff has superceding common law rights to the trademark through use in commerce. A registered trademark provides presumptive rights even during the filing of the trademark application. The plaintiff must further provide evidence demonstrating that the trademark was not only registered but is still in use. Such evidence may include dated invoices, advertisements, and marketing material.
Remember, the crux of a trademark infringement case is the most essential question of whether or not the allegedly infringing mark would create consumer confusion with the original trademark.