Trademark Infringement Claim in Ireland: What You Need to Know

Trademark infringement claim

I’m a big fan of trademarks. They help consumers identify products and services, which makes it easier to buy something that you know will meet your needs.

But what happens when someone uses your trademark without your permission? That’s called “trademark infringement,” and it can be costly if you don’t take steps to protect yourself. In this post, we’ll discuss trademarks and how they’re used as well as some common scenarios where trademark infringement occurs—and what you can do about them if they happen to you.

What is trademark infringement?

Trademark infringement occurs when a company uses a trademark that is identical or similar to another company’s trademark in a way that could confuse customers. Trademark infringement can also occur when a company uses another company’s trademark without permission. For example, if you have an Irish pub and you call it “The Black Sheep,” you may be infringing on the trademarks of The Black Sheep chain of pubs because your names are so similar.

What is the difference between trademark and copyright?

The main difference between trademark and copyright is that a trademark protects a word, phrase or logo that identifies a product or service while copyright protects a song, movie, book or other artistic work.

  • Copyright protects the expression of an idea but not its underlying concept (e.g., if you write a novel about dragons with wings).
  • Trademark law protects words, phrases and logos used by companies to identify their products or services (e.g., “Apple” for computers).

How is a trademark infringed?

  • Use of a trademark that is not authorised by the owner.
  • Use of a trademark in a way that is likely to confuse consumers.
  • Use of a trademark in bad faith (e.g., by copying another’s famous mark).

What are the remedies for trademark infringement?

In Ireland, the remedies for trademark infringement are as follows:

  • Injunction. The court may grant an injunction to prevent further infringing activities by the infringer or any other person who is likely to commit a breach of the registered mark (e.g., distributors). The injunction may be granted in respect of all goods which infringe the registered mark or only some of them, but not those used in good faith without knowledge that they infringed upon another’s rights in a trade mark or other intellectual property right under EU law or national law governing such rights. For example, if you own a coffee shop and someone else opens one down the street using your name and logo without permission, you could ask for an injunction against them selling their coffee under those names and logos until such time as this issue is resolved through legal channels.* Damages: If there has been actual loss caused by an infringement then damages may be awarded according to whether there was wilful blindness on behalf of defendant(s) involved with regard towards knowledge about infringement; however since 2013 courts have tended towards awarding damages based on lost profits rather than actual losses incurred due largely due lack evidence available regarding same.* Accounting For Profits: Courts can order accountants report detailing profits made from sales made during period leading up until date judgment given out by judge/court manager; however only applies where claimant proves infringement occurred willfully knowing its prior use existed beforehand yet continued anyway despite knowledge thereof.* Disgorgement Of Profits : Courts can order disgorgement orders where defendant(s) profited financially off sale items containing infringing marks/designs etcetera; however this remedy applies only when court finds evidence showing intent behind actions taken since 2013 onwards.”

Can you file a claim against someone who uses your trademark?

If you suspect that someone is using your trademark, you can file a Trademark infringement claim . You have three options:

  • File a claim in the European Union (EU) if they’re selling products there.
  • File a claim in Ireland if they’re selling products here or anywhere else outside of Europe.
  • File both types of claims at once, depending on how broadly you want to protect your trademark rights.

Infringement of trademarks can lead to loss of revenue and reputation.

Trademark infringement is a serious issue. If you are a business owner, it’s important to know your rights and the remedies available if another party infringes on them.

If someone else uses your trademark without permission, they could be infringing on it. This can lead to loss of revenue and reputation as well as goodwill built up over time by using that mark in association with goods or services offered for sale under that name.

What are the remedies for trademark infringement?

Conclusion

If you have questions about patent infringement claim , it’s best to contact a lawyer who specializes in this area. The experts at LKM can help you navigate the process and protect your rights.