Frequently Asked Questions

Trademark infringement can occur when someone uses a trademark that is either wholly identical or confusingly similar to a trademark without the owner's permission. This infringement must be done in a way that will likely cause consumer confusion about the source of goods or services.

Trademark infringement — exploring an example

Imagine a small sportswear company launches a line of shoes under the brand name "Nikie" and designs a swoosh-like logo for its products. 

While the company might argue that their spelling is slightly different, the similarities in name and logo could easily confuse consumers into believing the products are associated with Nike.

In this situation, the following may become issues:

• Likelihood of confusion: Shoppers might purchase the "Nikie" shoes, thinking they're buying authentic Nike products.

• Brand reputation: Nike's reputation could be harmed if the "Nikie" shoes are lower quality.

• Legal consequences: Nike could take legal action, claim trademark infringement, and seek damages.