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The Trademark Act of 1905 imports the rules of practice and procedure that govern appeals of patent applications, and so authorizes a trademark owner to bring a suit in equity following an unsuccessful trademark cancellation appeal; and under the Trademark Act, both parties to a trademark cancellation interference have the right to appeal a ...
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
Two Pesos, Inc. v. Taco Cabana, Inc. 505 U.S. 763 (1992) (Supreme Court applied trademark distinctiveness spectrum to trade dress, arguably giving official sanction to the merger of the requirements for trademark and trade dress, noting that inherently distinctive trade dress required no showing of secondary meaning.)
Patent and Trademark Office v. Booking.com B. V., 591 U.S. ___ (2020), was a United States Supreme Court case dealing with the trademarkability of a generic terms appended with a top-level domain (TLD) specifier (in this case "Booking.com"). The Court ruled that such names can be trademarked unless the existing combination of term and TLD is ...
Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), was a United States Supreme Court case involving parody and trademark law.The case deals with a dog toy shaped similar to a Jack Daniel's whiskey bottle and label, but with parody elements, which Jack Daniel's asserts violates their trademark.
The Court did not exclude all possibility of Congress regulating trademarks. Congress, however, read the decision very strictly and in a new trademark law enacted in 1881 regulated only trademarks used in commerce with foreign nations, and with the Indian tribes, areas specified under the Commerce Clause.
TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23 (2001), was a landmark United States Supreme Court decision in the field of trademark law. The case determined that a functional design could not be eligible for trademark protection, and it established a presumption that a patented design is inherently functional.
Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995), was a United States Supreme Court case in which the Court held that a color could meet the legal requirements for trademark registration under the Lanham Act, provided that it has acquired secondary meaning in the market.
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related to: us supreme court trademark laws