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To state a claim of trademark infringement under California common law, a plaintiff need only allege Their prior use of the trademark and; The likelihood of the infringing mark being confused with their mark. [4] For the same reasons listed above, the Court also denied Power Ventures' motion to dismiss the state trademark claim.
If the trademark is the subject of a trademark registration, the complaint must provide the registration. Otherwise, the complaint must list: (a) the trademark; (b) the goods and/or services that are associated with the trademark; (c) the date on which the trademark was first used on such associated goods and/or services; and (d) the geographic ...
For example, in McDonald's Corp. v. Druck and Gerner, D.D.S., P.C., [21] McDonald's sued McDental, a dental services provider operated by two dentists, for trademark infringement. McDonald's presented evidence that it owned trademark rights in a family of marks beginning with the prefix “Mc,” that there was widespread public familiarity ...
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Westinghouse trademark, registered in the U.S. in the 1940s (automatic washing machine) and 1950s (coin laundry) but now expired. Linoleum Floor covering, [22] originally coined by Frederick Walton in 1864, and ruled as generic following a lawsuit for trademark infringement in 1878; probably the first product name to become a generic term. [23 ...
Sale of trademark rights; Infringement Majority: Holmes: Trademark Act of 1905: A foreign company who sells its business to and American buyer (including its registered trademarks and goodwill) cannot subsequently enter the US market and use its old trademarks. American Steel Foundries v. Robertson: 262 U.S. 209: May 21, 1923: Procedural ...
By Blake Brittain (Reuters) - Software company Wex Inc sued HP Inc for trademark infringement in Maine federal court on Thursday, accusing it of misusing the "Wex" name to brand competing HP software.
Counterfeiting is the umbrella term to designate infringements to intellectual property, with the exception of the term piracy which is sometimes (colloquially) used to refer to copyright infringement. [2] A more narrow definition of brand protection which focuses on trademark infringement, is sometimes used.