Trademark infringement that occurs because the defendant hopes to "cash in" on plaintiff's goodwill generated by the mark. Proving intentional infringement can be quite difficult, just as in proving any state of mind. However, courts can consider circumstantial evidence such as the alleged infringer's choice of a trademark in light of the effectiveness of plaintiff's mark. Award of monetary relief by a court is generally reserved for cases of intentional infringement. Reliance upon legal advice will typically not be sufficient in and of itself to disprove intentional infringement.
