To prove trademark infringement in New York, the trademark owner must show that the alleged infringer has used a mark that is confusingly similar to the owner’s mark, in connection with the sale or advertising of goods or services. To do this, the trademark owner must typically demonstrate the following elements:
- Ownership of a valid trademark: The trademark owner must show that they own a valid trademark that is registered with the U.S. Patent and Trademark Office or has acquired common law rights through use in commerce.
- Likelihood of confusion: The trademark owner must show that the alleged infringer’s use of a similar mark is likely to cause confusion among consumers as to the source of the goods or services.
- Use in commerce: The trademark owner must show that the alleged infringer has used the mark in connection with the sale or advertising of goods or services.
- Damage or harm: The trademark owner must show that they have suffered actual damages or harm as a result of the infringement.
In addition to these elements, it is important to note that trademark infringement cases in New York may also involve other legal issues, such as fair use, parody, or descriptive use of a mark. Therefore, it is recommended to seek the advice of an attorney with experience in trademark law to assist with proving trademark infringement in New York
