According to the trademark law and the rules for its implementation, trademark infringement has the following kinds: (1) without the permission of the registered trademark owner, the same or similar trademark is used on the same commodity or similar commodity; (2) sales are knowingly known as c...
What Is “Trademark Infringement”? A trademark is a legally registered symbol, logo, word, or phrase that identifies and distinguishes the source of goods or services of one party from those of others. Trademark infringement is the unauthorized use of a trademark or service mark on or in ...
trademarkremediesinjunctive reliefirreparable harmThis Article explores the classic harm theories of trademark infringement that don't involve sales substitution and argues that courts should recognize their emSocial Science Electronic Publishing
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What is a Trademark? Before delving into trademark infringement, it is essential to first understand what a trademark entails. Simply put, a trademark is a word, logo, phrase or design that identifies and distinguishes a company’s products or services from others. While it is recommended that...
Is it Trademark Infringement? First, you must determine whether your trademark rights are genuinely being violated from a legal standpoint. While common law does provide some rights for unregistered trademarks, having a federally registered trademark with the United States Patent and Trademark Office (...
trademark, the similarity of the goods and the trademarks used and evidence of actual confusion. Less important factors considered by courts in determining whether there is a likelihood of confusion are the similarity of the marketing channels used, the degree of caution used by the average ...
A trademark is a recognizable sign, phrase, or symbol that denotes the ownership of a particular product or service and legally differentiates it from all others of its kind.
only party with rights to the mark. Defending atrademark infringementcase is expensive. A party who practices due diligence to make sure the mark is owned by the offering party can be considered an innocent purchaser, entitled to rescind the trademark assignment contract if a dispute arises later...
Trademark infringement: When there is unauthorized use of a trademark that a brand and/or confuses consumers. Contract disputes: If one of the parties to a contract is breaching its terms in a way that could lead to irreparable harm, an order to cease and desist may be issued to stop the...