The essence of a cause of action for infringement of a trade name is "customer confusion." To prevail in a claim for infringement of a trade name, a plaintiff must satisfy the customer confusion test, which is satisfied when a plaintiff establishes that because of a similarity of trade names, potential customers of the first appropriator of a trade name actually do business with a second appropriator under the mistaken impression that they are doing business with the first appropriator. However, a mere showing of customer confusion caused by a similarity of trade names does not meet the criteria for the "customer confusion" test. Where the trade name was not used by the defendant with the purpose of deceiving the public into believing that its business was actually that of another, the plaintiff's will not prevail. Therefore, the plaintiff must assert and prove that the defendant intended on using the trade name for the purpose of confusing the public into doing business with it, by using a trade name similar to the plaintiff's trade name.

To prevail on a cause of action for unfair competition due to trade name infringement, a plaintiff should consult with an experienced West Palm Beach unfair business practices lawyer, will advise a plaintiff that he or she may recover compensatory damages, and punitive or exemplary damages under certain circumstances where theft is involved.

A cause of action for trade name infringement may have many complex issues. Therefore, you should consult with an experienced West Palm Beach unfair business practices lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.