Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?
A) If a person forges a trademark, that person can be sued by the owner of the trademark for infringement in a civil action, but there cannot be any criminal charges laid against him.
B) Once a trademark is registered, the owner of the trademark cannot lose the right to use that mark.
C) Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant was the same as his mark.
D) Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant actually did confuse members of the public.
E) The owner of a trademark can sue someone who forges his trademark, and can ask the court for an injunction, an accounting of profits, and custody of the offending wares.

Question

Quizplus · Accepted Answer

This choice correctly states that the owner of a trademark can sue someone who forges their trademark and can seek remedies such as an injunction (order to stop infringing), an accounting of profits (recovery of financial damages), and custody of the infringing products. Choices A, B, C, and D are incorrect as they make false statements. A person who forges a trademark can face both civil and criminal charges, a registered trademark can be lost if not used properly, a trademark owner must prove similarity of marks and likelihood of confusion, and not just similarity of marks, to succeed in a trademark infringement lawsuit.

Which of the Following Is True with Regard to Trademark