Unfair Competition - Trade Name, Service Mark and Trade Mark Infringement

1 Elements and Case Citations

Plaintiff is the prior user of the trade name, service mark or trade mark (collectively, “trade symbol”);
Plaintiff’s trade symbol is arbitrary or suggestive or has acquired secondary meaning;
Defendant is using a confusingly similar trade symbol to identify a similar good marketed or services rendered in competition with the plaintiff in the same area of the plaintiff’s established trade symbol; and
Defendant’s actions will likely cause consumer confusion as to the sponsorship of the good or service.

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The rest of the elements for this cause of action;
The citations to the most recent state and federal court cases citing the cause of action;
The statute of limitations; and
The defenses to this cause of action.