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Passing off is a common law cause of action, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings. Passing off and the law of registered trade marks deal with overlapping factual situations, but deal with them in different ways.
Evidence that a defendant used a trademark with the intent to falsely represent his product and pass it off as the plaintiff's product is evidence of infringement. Brown Chemical Co. v. Meyer et al. 139 U.S. 540 1891 Substantive Infringement; Descriptive terms; Names as marks Majority: Brown: N/A
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 ...
he alleged infringer's intent to “pass off” its goods as those of the trademark owner; [14] incidents of actual confusion; [14] and; the type of product, its costs, and conditions of purchase [14] These are often referred to as the "SquirtCo" Factors. [4] 9th Circuit AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979) he strength of ...
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
A moron in a hurry is a phrase that has been used in legal cases, especially in the UK, involving trademark infringement and passing off.Where one party alleges that another (the defendant) has infringed their intellectual property rights by offering for sale a product that is confusably similar to their own, the court has to decide whether a reasonable person would be misled by the defendant ...
The Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO-IP Act of 2008, H.R. 4279, S. 3325, Pub. L. 110–403 (text)) [1] is a United States law that increases both civil and criminal penalties for trademark, patent and copyright infringement. The law also establishes a new executive branch office, the Office of ...
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end ...