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Difference Between Trademark Infringement and Unfair Competition | 23 September 2023

Difference Between Trademark Infringement and Unfair Competition | 23 September 2023

Infringement of trademark is the unauthorized use of a trademark, whereas unfair competition is the passing off of one’s goods as those of another

Alburo Law
September 23, 2023

What is the Difference Between Trademark Infringement and Unfair Competition?

To establish trademark infringement, the following elements must be shown: (1) the validity of plaintiff’s mark; (2) the plaintiff’s ownership of the mark; and (3) the use of the mark or its colorable imitation by the alleged infringer results in “likelihood of confusion.”

(McDonald’s Corp. v. L.C. Big Mak Burger, G.R. No. 143993, August 18, 2004)

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