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Topic: Trademark infringement


  
  Overview of Trademark Law
Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO").
Where the use of a trademark is licensed (for example, to a franchisee) without adequate quality control or supervision by the trademark owner, that trademark will be canceled.
In trademark infringement suits, monetary relief may also be available, including: (1) defendant's profits, (2) damages sustained by the plaintiff, and (3) the costs of the action.
cyber.law.harvard.edu /metaschool/fisher/domain/tm.htm   (3510 words)

  
  Trademark - Wikipedia, the free encyclopedia
Unregistered trademark rights may be enforced by way of a lawsuit for passing off, while the exclusive rights which attach to a registered mark can be enforced by way of an action for trademark infringement.
If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited.
The proper use of a trademark means using the mark as an adjective, not as a noun or a verb [1] [2] [3], though for certain trademarks, use as nouns and, less commonly, verbs is common.
en.wikipedia.org /wiki/Trademark   (4891 words)

  
 Trademark Infringement (BitLaw)
This page will discuss trademark infringement in general; trademarks on the Internet are analyzed on their own BitLaw web page.
In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services.
It is possible for the same, identical mark to be used in the same geographic area without any trademark infringement occurring, as long as the goods or services of the parties are sufficiently dissimilar.
www.bitlaw.com /trademark/infringe.html   (586 words)

  
 CafePress.com : Help Desk : Copyright, Trademark and Intellectual Property Guidelines
A trademark is a word, name, symbol or other device that identifies the goods or services of a given person or company and distinguishes them from the goods or services of other persons or companies.
Trademark law prevents you from using another's trademark (such as the name of a musical group or artist) on your merchandise, because such use will cause consumers to believe that the trademark owner has made, approved of, or endorsed your merchandise.
If the trademark/service mark is followed by a TM or SM symbol the goods/services provider is using the mark as a trademark, although the mark may not be registered with the U.S. Patent and Trademark Office.
www.cafepress.com /cp/info/help/law.aspx   (1899 words)

  
 Copyright Infringement Warning
When you take someone's work, that act can be copyright infringement.
To get a better idea of your exposure, you may want to consider reading about the real, everyday risks.
If it is, then you will likely have to pay the owner's attorney fees (the average attorney fee cost for a plaintiff to try a copyright infringement case in 2004 was $800,000) and statutory damages (at least $750 but up to $150,000 per infringement).
www.cybertriallawyer.com /copyright-infringement-warning   (631 words)

  
 ☞ patent - Patent Infringement   (Site not responding. Last check: 2007-10-11)
But, the costs can be controlled and the classic benefits (possible insulation from a finding of willful patent infringement and resulting treble damages) are supplemented in today's patent savvy...
Forgent Networks slaps 31 companies with lawsuits alleging patent infringement over compression technology it claims is core to the JPEG image standard.
Patent and copyright infringement analysis and expert witness with an emphasis on satellite and CATV systems, access control, security, smart cards, encryption, and piracy.
www.all-patent.info /patentinfringement   (456 words)

  
 Copyright and Trademark Infringement Policy   (Site not responding. Last check: 2007-10-11)
We are committed to complying with U.S. copyright and trademark laws.
All links and link summaries contained in this site were obtained from public search engines, and we have not investigated the content of the linked sites referenced in any way.
If any link or other type of web content infringes on copyrights or trademarks of your company, contact us below, and we will respond promptly.
www.cube-nexus.com /abuse.html   (127 words)

  
 AuthorsLawyer.com: Literary Scams: Publishers
On 08 August 2005, the Encyclopedia Britannica folks sued PA in Chicago for trademark infringement (complaint (PDF, 250kb)).
This is consistent with other disrespect for trademarks demonstrated by PA: PA has cybersquatted on the domain name for one of its most persistent critics for several years.
This includes, but is not limited to, translation or other creation of derivative works, use in advertising or other publicity materials without prior written authorization, or any other non-private use that does not qualify as fair use under United States law.
www.authorslawyer.com /l-publishers.shtml   (2295 words)

  
 Google Sued Over Search Advertising Practices
The Plymouth, Mich., retailer alleges that Google infringes on its trademarks by allowing its competitors to bid on keywords that are similar to its trademarks.
American Blind is seeking both a temporary and permanent injunction barring Google and its partners from selling keywords that match or are similar to its trademarks or from displaying competitors' search results when such terms are entered, according to the lawsuit.
A Google spokeswoman said the company is still reviewing the trademark infringement lawsuit and is "in a holding pattern" until there is a decision regarding its California filing.
www.eweek.com /article2/0,1895,1473225,00.asp   (1065 words)

  
 Intellectual Property Law - Patent, Trademark, Copyright, Trade secret, Copyright infringement, Trademark search, ...   (Site not responding. Last check: 2007-10-11)
The Intellectual Property offices (sometimes called Patent Office, Trade Marks Office, etc.) have the database of all the prior intellectual properties - patents, trande marks, designs, etc. - that were filed with that office.
Most patent and trademark offices permit these intellectual property databases to be searched over the internet.
The best way to search for patent, trademark, etc. is searching over the internet.
www.lawregulation.com /Search/Patent   (263 words)

  
 Internet Copyright & Trademark Infringement Detection and Protection
Internet Copyright and Trademark Infringement Detection and Protection.
Is your web site content being stolen or plagiarized?
Use of this Web site constitutes acceptance of the Copyright Cop User Agreement and Privacy Policy
copyrightcop.com   (258 words)

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