Elements to be established by brand owners seeking redress in court for trademark infringement on social media sites

Abstract

It is not just enough for a mark holder to raise an alarm and further proceed to seek redress in court for trademark infringement. Such mark owner must establish and prove the following elements to the court – (1) unauthorised use in commerce of trademarks; (2) unauthorized use of the brand in respect to the sale of goods and services and other commercial activities; (3) unauthorized use of the
mark as a trademark; (4) likelihood of confusion emanating from trademark infringement; and (5) No fair use.