Dothan Trademark Attorneys & Lawyers

Willful Infringement: What Is It?

Willful infringement is when someone copies a claimed invention and knew the entire time that the invention was patented, thus committing patent infringement. An infringement is considered willful when:

• A defendant engaged in acts that infringed the patent or copyright
• The defendant knew those acts were in violation of the patent or copyright. They still acted as if they were ignorant of the law or had reckless regard for the patent or copyright holder's rights

Simply put, anyone who copies an invention after it has been patented on purpose has committed a willful infringement. However, the infringement is not considered willful if:

• the person has copied the invention without knowing it was patented
• the person, in good faith, believes the patent is invalid or no longer applicab

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Key Takeaways

• A trade name is the official business name registered with a state for legal and tax purposes, while a trademark legally protects a brand identifier such as a logo, slogan, or product name.
• The difference between trade name and trademark lies in scope: trade names identify the company itself, while trademarks protect how products or services are recognized in the marketplace.
• Trade name registration does not automatically grant exclusive rights or prevent others from using a similar name, but a trademark provides stronger nationwide protection under federal law.
• Many businesses register both: the trade name for state-level business recognition, and the trademark for brand and intellectual property protection.

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Key Takeaways

• A common law trademark arises automatically from actual use of a mark in commerce, even without federal registration.
• Rights are limited to the geographic area of use and possible expansion, unlike federal marks that apply nationwide.
• Benefits include cost savings, immediate protection, and prevention of local competitors from using similar marks.
• Limitations include weaker enforceability, difficulty proving ownership, and lack of nationwide priority.
• Protection requires continuous use, active enforcement, and evidence of consumer association with the mark.

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What Are Trademark Requirements?

Trademark requirements include details such as contact information and product description information that you must provide when you apply for a trademark. The U.S. Patent and Trademark Office (USPTO) reviews trademark applications. This agency uses information you provide on a trademark application to decide whether to grant you a federally registered trademark for your invention or product.

To get a trademark, you need to meet the following six requirements:

1. Provide your name and address as owner of the trademark.

2. State the entity type (individual or corporation) and your national citizenship.

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Key Takeaways

• Trade dress refers to the visual appearance and overall image of a product or service that signifies its source.
• It is protected under trademark law and can be either registered or unregistered.
• Trade dress must be non-functional and either inherently distinctive or have acquired distinctiveness through secondary meaning.
• Registration with the USPTO strengthens protection but is not required for enforcement.
• Litigation may involve proving non-functionality, distinctiveness, and likelihood of consumer confusion.
• Common mistakes include inconsistent branding and assuming immediate protection.
• Businesses should weigh trade dress protection alongside design patents or copyrights depending on the nature of the feature.
• Federal and state unfair competition laws can supplement trade dress claims.
• Protectable trade dress can include packaging, store layout, color schemes, sound, scent, and ev

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