Audi and Volkswagen Logo Infringment Chilling Effects Clearinghouse — Volkswagen

16 Июн 2015 | Author: | Комментарии к записи Audi and Volkswagen Logo Infringment Chilling Effects Clearinghouse — Volkswagen отключены

Question: What can be protected as a

Answer . You can protect

names as company names, product

domain names if they a product or service



slogans or phrases

product design

product (known as trade dress )

What exactly are the rights a owner has?

Answer . In the US, rights come from use of the mark to label one’s or products or they come filing an application with the and Trademark Office ( PTO ) that an intention to use the mark in future In most foreign countries, are valid only upon

There are two trademark rights: the to use (or authorize use) and the right to .

The person who establishes priority in a mark gains the exclusive to use it to label or identify their or services, and to authorize others to do so. to the Lanham Act, determining who has rights in a mark involves who was the first to use it to identify his/her

The PTO determines who has the right to register the Someone who registers a trademark the intent to use it gains constructive use he/she begins using it, entitles him/her to nationwide in the mark. However, if two users ownership of the same mark (or marks) at the same time, and has registered it, a court must who has the right to the mark. The court can an injunction (a ruling that other people to stop the mark) or award damages if other than the owner use the ( infringement ).

Trademark owners do not acquire the ownership of words. They obtain the right to use the mark in and to prevent competitors in the same of goods or services from a confusingly similar mark. The word can therefore be trademarked by producers to label different of goods. Examples are Delta and Delta Faucets.

Owners of marks have broader to use their marks than do of less-well-known marks. They can uses of their marks by on goods that do not even with the famous product.

What does it mean to all reasonable steps to protect a

Answer . If a trademark owner to police his or her mark, the owner may be to have abandoned the mark or in its misuse. A trademark is only while it serves to identify the of goods or services.

If a trademark believes someone is infringing his or her the first thing the owner is to do is to write a cease-and-desist letter asks the accused infringer to using the trademark. If the accused refuses to comply, the owner may a lawsuit in Federal or state The court may grant the plaintiff a injunction on use of the mark — the infringer to stop using the pending trial.

If the owner successfully proves infringement in court, the court has the to: order a permanent injunction; monetary payment for profit the can prove it would have but for defendant’s use of the mark; possibly this payment; possibly a monetary payment of profits the made while using the and possibly order the defendant to pay the attorney fees in egregious of infringement.

Of course, the determination of is actually one that will be by the court, so a trademark owner is using a best guess whether or not infringement actually has That best guess may be a one, based on experience and or it may be a bad one that doesn’t reflect any of the defenses that might The law doesn’t require the mark to sue everyone; it just requires the to keep his mark distinctive.

What implication does confusion have on claims of infringement?

Answer . A mark that is similar so closely resembles a trademark that it is likely to consumers as to the source of the product or Consumers could be likely to that the product with the similar mark is produced by the that holds the registered Someone who holds a confusingly mark benefits from the will associated with the mark and can lure customers to product or service instead. is determined by whether your is confusingly similar to a registered The factors that determine include:

proof of actual

strength of the established mark

of the goods in the marketplace

similarity of the sound

appearance and meaning

how the are marketed

type of product and how the customer is

intent behind the mark

likelihood of expansion in the of the goods

Question: Where can I state trademark law?

. Each state has its own laws use of trademarks within its borders. To the trademark laws of the 50 states, use the Information Institute links. legislation and court opinions trademark rights and remedies.

If are used in interstate commerce, federal law will also

Question: Where can I find trademark law?


Answer . To be protected by federal law, the marked goods and must be used in interstate Federal trademark law is known as the Act. It protects marks are registered with the United Patent Trademark Office as as those that are in use but never

Court opinions and United Patent Trademark Office regulations also interpret rights and remedies. See the links to sites provided by the Legal Insitute.

Question: What is infringement? Are there any defenses?

. Infringement occurs whenever who is not the copyright holder (or a licensee of the holder) exercises one of the exclusive listed above .

The most defense to an infringement claim is use, a doctrine that people to use copyrighted material permission in certain situations, as quotations in a book review. To fair use of copyrighted material, the consider four factors:

the and character of the use

the nature of the copyrighted

the amount and substantiality of copying, and

the effect.

The most significant in this analysis is the fourth, on the market. If a copier’s use supplants for the original work, then it be very difficult for him or her to claim use. On the other hand, if the use not compete with the original, for because it is a parody, criticism, or report, it is more likely to be as fair use.

Trademarks are generally subject to use in two situations: First, advertisers and speakers are allowed to use a competitor’s when referring to that product (nominative use). the law protects fair comment, for in parody.

Question: What is the between a trademark and a service

Answer . Trademarks refer to and products, that is, physical which may be natural or manufactured or and which are sold or otherwise or distributed.

Service marks to intangible activities which are by one person for the benefit of a person or other than himself, for pay or otherwise.

Because the legal are essentially the same, the term is frequently used to refer to types of marks.

To learn other types of marks, see 100 of the USPTO’s Trademark Manual of Procedure.

To tell whether is a good or a service, see 37 C.F.R. 6.1 .

What is a trade name?

. Answer: A trade name is the name of the company. It may or may not also be a Trademarks are used to label goods or services; trade identify the organization itself. For Ford Motor Company is a name as well as a trademark. is a trademark only. In those if the trade name is registered as a name, the name owner is against cyber-squatting under trademark provisions and also the newer Anti-Cybersquatting Consumer Act (ACPA) and the Uniform Dispute Policy (UDRP) of ICANN.

If a trade name is not used as a it may still be protected under kinds of laws (having criteria and remedies), such as competition. However, if the trade is registered as domain name, the will not be protected against under the Anti-Cybersquatting Consumer Act (ACPA) or the Uniform Dispute Policy (UDRP) of ICANN they both apply to trademarks.


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