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.
Key words: trademark, social media, infringement, unauthorized use, likelihood of confusion
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