What is the test for establishing a cause of action for trademark infringement?
California, United States of America
The following excerpt is from Eszlinger v. United Studios of Self Def., Inc., G051888 (Cal. App. 2018):
cause of action only when the complaint alleges the commission of an underlying civil wrong that causes damages. (Okun v. Superior Court (1981) 29 Cal.3d 442, 454.) Thus, the inquiry is whether there was sufficient evidence to establish trademark infringement.
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