Infringement of a trademark occurs when a person or entity uses another’s trademark without authorization or consent, as defined in 15 U.S.C. § 1114. The unauthorized use of the trademark includes reproducing, counterfeiting, copying, or imitating a trademark in commerce. Use in commerce includes selling, offering for sale, distributing, or advertising goods or services. To constitute infringement, the use of the trademark must be likely to cause consumer confusion, mistake, or deception between a trademark owner and an infringing party.
Remedies for trademark infringement include injunctions against future use; the defendant’s profits; lost profits for the trademark owner; and attorneys’ fees.