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Trademark law dates back to the age of President Ulysses S. Grant starting in the late 19th century with the Trademark Act of 1870. The Trademark Act of 1870 was the first trademark act passed in the nation and grounded trademark protection into Article 1 of the U.S. Constitution. The act covered many different aspects of trademark law but ...
Trademark Act of 1905 Marks otherwise prohibited by the Act of 1905 (for example, surnames) can be registered if used exclusively for ten years preceding the act, per section 5 of that Act. G. & C. Merriam Co. v. Syndicate Pub. Co. 237 U.S. 618: 1915: Substantive Registration eligibility; Generic terms Majority: Day: Trademark Act of 1881
In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. [ 1 ] : 485–486 If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention .
A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark.
General Cigar Co. v. G.D.M. Inc., 988 F. Supp. 647, 660 (S.D.N.Y. 1997) (quoting 1 McCarthy § 11.14, p. 464-65). In that case, the court found that the strength of the Cohiba mark was not diminished by the fact that Cohiba is the Taino Indian word for tobacco, because the Taino language was an obscure language.
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S.D.N.Y. 1987 Derivative works. Salinger v. Random House: 811 F.2d 90: 2d Cir. 1987 An author has a right to protect the expressive content of his unpublished writings for the term of his copyright, and that right prevails over a claim of fair use under "ordinary circumstances" Anderson v. Stallone: 11 USPQ2D 1161: C.D. Cal 1989 Derivative works.