Jurisdiction(s):
United Kingdom

Key definition

Infringement definition

What does Infringement mean? In legal practice, infringement (of copyright) means doing, or authorising another to do, acts reserved to the copyright owner without permission. It is principally a statutory concept. Across the UK, the Copyright, Designs and Patents Act 1988 defines the “restricted acts”: copying; issuing copies to the public; rental or lending; performance, playing or showing in public; communication to the public (including making available online); and making adaptations. In Ireland, comparable rights and restrictions appear in the Copyright and Related Rights Act 2000. Taking the whole work is not required: reproducing a substantial part infringes. “Substantial” is a qualitative test informed by case...

US Lanham Act trade mark infringement and false designation of origin: standing, elements, likelihood of confusion, injunctions, damages, and key defences (Archived)

Published by a LexisNexis IP expert

Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note was originally prepared for Lexis Practice Advisor®, in the US. It addresses trade mark Infringement and false designation of origin under the Lanham Act, including standing to sue, the elements needed to prove such claims, and possible remedies (such as Injunctive relief, Damages, and attorneys’ fees). It also summarises defences commonly raised in trade mark litigation.

Trade mark owners may bring proceedings to prevent others from using, imitating, or otherwise harming their trade marks or service marks (collectively, trade marks or marks). Indeed, trade mark owners (and in some cases exclusive licensees) have a legal obligation to monitor and enforce their rights. Failing to do so can result in loss of those rights.

Owners should consider issuing a claim when:

swift intervention is required to protect the mark from irreparable harm
informal dispute resolution has failed (e.g., a cease and desist letter has been ignored)
they need to pre-empt an opponent’s filing (e.g., the ‘race to the courthouse’)

The most common trade mark claims covered in this Practice Note are:

trade mark infringement (for registered marks)

...

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Web page updated on 22/05/2026

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