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Intent to show confusion is also relevant; hence, as a general rule the trademark should be used no more than necessary for the legitimate purpose. [5] By the same token, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type.
A word, phrase, or logo can act as a trademark. But so can a slogan, a name, a scent, the shape of a product's container, and a series of musical notes. [7] The language of the Lanham Act describes that universe [of things that can qualify as a trademark] in the broadest of terms. It says that trademarks "includ[e] any word, name, symbol, or ...
Trademark infringement occurs when a competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. [ 8 ] [ 98 ] This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards ...
Thus, the functionality doctrine serves to prevent trademark owners from inhibiting legitimate competition [11] When the aesthetic development of the good is intended to enhance the design and make the product more commercially desirable, trademark protection may be denied because the consumer is drawn to the design.
Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [2] [3] [4] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [5] Catseye
Penn State emerged victorious Tuesday after a jury found an online retailer infringed on several of the university’s vintage trademarks. An eight-person jury awarded $28,000 to the university at ...
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