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§§ 32 and 43 of the Act (now known as 15 U.S.C. §§ 1124–1125) set out the remedies that can be sought when a trademark is infringed. Notably, Section 43(a) of the Lanham Act focuses on false advertising and unfair competition, providing a legal recourse for individuals and businesses. [ 10 ]
Remedies Majority: Taft: Trademark Act of 1905; 35 U.S.C.A. §§ 145, 146: The Trademark Act of 1905 imports the rules of practice and procedure that govern appeals of patent applications, and so authorizes unsuccessful trademark applicants to obtain a remedy by bill in equity, as the Revised Statutes provide to unsuccessful patent applicants.
Similarity of appearance, phonetics, and meaning as well as channels of trade, direct competitiveness, strength of the famous mark, and evidence of actual confusion can determine trademark infringement. [1] Remedies of trademark infringement include, but are not limited to; attorneys' fees, destruction of infringing products and any other ...
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The Supreme Court first held that liability for trademark infringement could extend beyond direct infringers in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. [28] The Supreme Court articulated the following standard for contributory infringement: "If a manufacturer or distributor intentionally induces another to infringe a trademark, or ...
Enhanced remedies for infringement, including the possibility of triple damages and criminal penalties for counterfeiting (note that counterfeiting is a more culpable type of infringement) Right to have the U.S. Customs Service prevent others from importing goods bearing infringing marks
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 ...
Playboy Enterprises, Inc. v. Frena, 839 F.Supp. 1552 (1993) [1] was a copyright infringement case decided by the United States District Court for the Middle District of Florida, holding that the unauthorized online distribution of copied photographs was copyright infringement; and that removing a magazine's trademark from copied images was ...
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