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What is trademark infringement in digital business?

Published 8 Nov, 2022 Modified 8 Jul, 2023 Read in 1m 20s Viewed 1.259K times

Working from home or running a digital business? Others are too. There might be accidental or intentional misuse of your business or trading name.

Running a digital business needs legal attention as well. You must be actively keeping an eye on who else might be misusing your business identity, trading name, or content.

Digital businesses, having registered trademark, are vulnerable to trademark misuse. Trademark use policy must be provided to guide users, customers, and 3rd parties to use your business trademark effectively. In the real world, unfortunately, not everyone follows the trademark policy or just ignore it. Henceforth, businesses have to deal with accidental or intentional abuse of trademark mark or words on social media, direct websites, and other online tools.

Following infringements (collectively) are counted towards trademark infringement or miscue for online businesses: –

  • A business entity or person uses an identical or very similar trademark (logo, word mark, or domain) to another legally formed business’s trademark or trading name.
    • That use is in commerce, meaning that it’s done in connection with the sale or promotion of goods or services.
    • That use is likely to confuse consumers about the source, endorsement or affiliation of the goods or services.
    • That is not just a mix of trademark with another amendment and being used in a totally different context. If the context is clearly different and understandable, it is not a misuse.

Examples of trademark misuse: Digital Setups is registered trademark. Using (which is not currently by us) or is a misuse. The context is as if Digital Setups Company is providing jobs which is wrong in this perspective. Another misuse often appears on products or services such as selling products on the name and style of other.