You’re building a brand that matters, crafting a name, image, and identity that resonates. Then, someone says it’s not yours to use. Or maybe it’s your brand that someone has copied. Either way, you may ask, What is trademark infringement? and want answers. Fast.
Before you can defend or assert your rights, you need to understand what trademark infringement is and how it’s defined in practice, not just theory. The best place to look? New York. Many of the most influential trademark rulings in the country originated in its courtrooms. From Madison Avenue to Manhattan federal court, New York has hosted cases that redefined the rules of branding in America.
What Is Trademark Infringement?
To understand why these cases matter, we must first understand what constitutes trademark infringement. At its core, trademark infringement occurs when someone uses a mark (a name, logo, slogan, or other identifier) that is confusingly similar to a registered trademark, in a way that:
- Creates consumer confusion,
- Dilutes the value of the original mark, or
- Misleads the public about the source of goods or services.
This use is prohibited under the Lanham Act, the federal statute governing trademarks in the United States. But the law doesn’t define “confusingly similar” in a vacuum. Courts do. And New York’s courts have issued some of the most defining decisions in the country.
Influential New York Trademark Infringement Examples
The following trademark infringement examples from New York didn’t just affect the parties involved; they shaped how courts interpret branding disputes across the country.
Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492 (2d Cir. 1961)
This 1961 Second Circuit decision laid out the Polaroid Factors, a multi-part test courts still use to determine the likelihood that the use of a particular mark will cause confusion with a protected mark. The factors include:
- Strength of the plaintiff’s mark,
- Similarity between the marks,
- Proximity of the products,
- Evidence of actual confusion,
- Defendant’s intent, and
- Quality of the defendant’s product.
The Polaroid test remains foundational in trademark litigation, making this case a pillar of modern trademark law.
Louis Vuitton Malletier S.A. v. Dooney & Bourke, Inc., 454 F.3d 108 (2d Cir. 2006)
In this dispute between two luxury handbag brands, Louis Vuitton alleged that Dooney & Bourke’s multicolored logo design infringed on its famous Monogram Multicolore line. The court ruled against Louis Vuitton, holding there was no likelihood of confusion between the two marks.
This decision reinforced the importance of context, consumer perception, and brand identity when evaluating similarity, especially in fashion, where visual cues and aesthetics can overlap without infringement. The case remains critical in limiting overreach by prominent brands and preserving fair market competition.
Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., 588 F.3d 97 (2d Cir. 2009)
In this high-profile case, Starbucks sued a small coffee roaster selling a product named “Charbucks.” The court found no likelihood of confusion but reaffirmed the importance of dilution by blurring under the Federal Trademark Dilution Act. The lesson? Even when consumers aren’t confused, famous brands can stop uses that diminish their distinctiveness.
Tiffany (NJ) Inc. v. eBay Inc., 600 F.3d 93 (2d Cir. 2010)
This case tackled whether eBay was liable for counterfeit Tiffany goods sold on its platform. The court ruled in favor of eBay, stating the platform wasn’t responsible as long as it took action once notified. The court in Tiffany (NJ) Inc. v. eBay Inc. clarified secondary liability for online marketplaces—a significant turning point for modern IP enforcement. The ruling reinforced the principle that platforms aren’t automatically liable for user-generated infringement, so long as they respond promptly and transparently to credible complaints. It also set the tone for how tech companies balance open commerce with trademark policing obligations.
Why Do These Cases Still Matter?
Trademark law isn’t static. It’s alive: shaped by commerce, technology, and culture. As consumer behavior evolves and business models shift, so too does the way courts interpret intellectual property rights. These New York cases aren’t just historical footnotes but working tools that lawyers, judges, and entrepreneurs reference daily. They continue to:
- Define how courts assess “likelihood of confusion,” especially in crowded or fast-moving markets;
- Guide how platforms like Amazon, Etsy, or social media sites manage counterfeit listings and user-generated content; and
- Clarify the legal limits of parody, brand dilution, and fair use in advertising, entertainment, and online speech.
They also provide essential guardrails for innovation. When you understand where the courts have drawn the line, you know where you’re free to create. If you’re running a business in a competitive or brand-sensitive space, understanding these precedents isn’t optional; it’s strategic. It’s how you protect your vision before someone tries to claim it as theirs.
Why Work with Trademark Attorneys at Jones Intellectual Property?
At Jones Intellectual Property, legal insight meets real-world strategy. Clients trust Michael Jones because he combines:
- Top-tier IP litigation experience with accessible, flat-fee pricing;
- Custom brand strategies tailored for startups, creators, and high-growth businesses; and
- A proven track record of success in New York and across the U.S.
Michael Jones has represented plaintiffs and defendants in district courts, before the Trademark Trial and Appeal Board, and in federal appellate courts. He knows how to build a case from the facts and use precedent to your advantage. His experience spans:
- Cannabis, hemp, and CBD branding;
- Consumer products, from candy to cosmetics;
- White-label packaging and slogans;
- Apparel, beauty, and food industry branding; and
- Emerging tech, cryptocurrency, and SaaS platforms.
And unlike firms that apply boilerplate strategies, Michael crafts bespoke legal paths tailored to each client’s goals, resources, and risks. Whether you need to register a mark, defend one, or enforce your rights, Michael can position you to win.
Protect Your Future with Jones Intellectual Property
There’s no substitute for seasoned trademark attorneys when facing real-world legal threats. At Jones Intellectual Property, Michael Jones leverages over a decade of experience to protect business identities and enforce intellectual property rights. If you’re wondering what trademark infringement is and how to avoid it, if someone is copying your work, or if someone has accused you of stepping on someone else’s toes, don’t guess. Contact Jones Intellectual Property today to protect your business, assert your brand, and turn legal insight into business advantage.
