How Were You Supposed to Know? No Intent is Required for Trademark Infringement

Under U.S. trademark law, infringement occurs when a business name, logo, or other brand identifier is so similar to an existing trademark that it could confuse consumers. Whether you meant to copy another brand or not is largely irrelevant. If the trademark owner believes customers might mix up your business with theirs, they have the right (and responsibility) to take legal action. Intentional infringement can lead to the infringer owing additional damages, but unintentional infringement doesn’t let you off the hook.

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