What constitutes trademark infringement?

Trademark infringement occurs when a party uses a mark that is identical or confusingly similar to a registered trademark in a way that is likely to cause confusion among consumers regarding the source of the goods or services. This element of confusion is critical in determining infringement, as trademarks serve to identify and distinguish the source of goods or services.

When a mark used by one entity closely resembles a registered mark already protected by trademark law, it can lead consumers to mistakenly believe that there is an affiliation or endorsement between the two entities, even if that is not the case. This confusion undermines the original trademark owner's rights and can result in both economic harm and dilution of the brand.

In contrast, merely registering a similar trademark, publishing information about a trademark, or changing its color scheme does not, on its own, equate to infringement. Registration does not automatically imply usage that creates consumer confusion, while publishing information may be protected speech, and changing color schemes may still fall outside the realm of creating an identical or confusingly similar mark.