HOW DO TRADEMARK CONFLICTS ARISE?
Trademark conflicts arise when someone claims that he or she has a trademark or service mark, and that another person is using a word or device that "infringes" upon the claimant's mark. Infringement occurs when someone uses the same mark for the same classification of goods, or a mark so similar that there is a likelihood of confusion. Notice that there does not have to be proof of actual confusion - only that there is a likelihood of confusion. A wrongful intent will be presumed where it is shown that the infringer knew of the protected mark, could have chosen another mark, and chose a mark confusingly similar to the protected work. For example, a business owner who decides to use the name "McBagels" for his business was found to have infringed marks owned by McDonald's. In that case, there was actual confusion, not just a likelihood of confusion.
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