normally deals with the liability of a person or business attempting to sell goods, products or services as the goods, products or services of another person or business. The primary concern of liability for trademark infringement, trade name infringement, and for unfair competition
is the likelihood of confusion about the single source of a particular set of goods, products or services. The essential element of a trademark or trade name is the exclusive right of the business or business owner to use a specific word, slogan, design, device or product to distinguish the businesses goods or service from the goods or services of another business. Unfair competition, on the other hand, generally exists if the total impression or look-and-feel of the package, size, shape, color, design and name upon the consumer or customer will lead to confusion as to the source of the product.
The term “trademark” generally includes any word, slogan, name, symbol, device, or any combination of those elements adopted and used by a business or merchant to identify its goods and distinguish them form those manufactured or sold by others. More specifically, the term “trademark” has been defined as any word, name, symbol, or device or any combination thereof:
Currently used by a person, or which a person has a bona fide intention to use in commerce;
To identify and distinguish his or her goods;
From those manufactured or sold by others; and
To indicate the source of the goods, even if that source is unknown.
In business litigation practice, service mark infringement is governed by the same principles as trademark infringement.