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The Lanham Act's fair-use exception is an affirmative defense requiring the defendant to prove that the term was used in good faith and in a descriptive manner for a purpose other than as a mark. The Lanham Act includes a fair-use exception, under § 1115(b)(4), for trademarks that consist of descriptive words, to prevent trademark monopolies ...
Brand protection is the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause loss of revenue and, usually more importantly, destroys brand equity, reputation and trust.
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 ...
Unlike brand recognition, brand recall (also known as unaided brand recall or spontaneous brand recall) is the ability of the customer retrieving the brand correctly from memory. [11] Rather than being given a choice of multiple brands to satisfy a need, consumers are faced with a need first, and then must recall a brand from their memory to ...
Brand safety is a set of measures that aim to protect the image and reputation of brands from the negative or damaging influence of questionable or inappropriate content when advertising online. In response to ads being placed next to undesirable content, companies have cut advertising budgets, [ 1 ] and pulled ads from online advertising and ...
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Brand associations refers to a set of information nodes held in memory that form a network of associations and are linked to a key variable. For example, variables such as brand image, brand personality, brand attitude, brand preference are nodes within a network that describes the sources of brand-self congruity.