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How does trademark infringement occur, and what are the defenses that can be raised by the accused infringer?



Trademark infringement occurs when someone uses a trademark that is confusingly similar to another party's registered trademark. This can occur through the use of a similar name, logo, or other identifying mark. In order for a trademark owner to prove infringement, they must show that the accused infringer's use of the mark is likely to cause confusion among consumers about the source of the goods or services. There are several defenses that can be raised by an accused infringer in a trademark infringement case. The first is fair use, which allows the use of a trademark in a descriptive....

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