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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. The goal is to allow consumers to easily identify the producers of goods ...
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.
Notably, King have gotten a United States trademark on the word "Candy" in the area of video games to protect clones and player confusion for their game Candy Crush Saga. They have also sought to block the use of the word "Saga" in the trademark filing of The Banner Saga for similar reasons, despite the games having no common elements. [63]
Frank J. Zamboni & Co., Inc. has taken a strong stance against its trademark dilution, the Zamboni name being used as a genericized trademark for ice resurfacers; [237] the company holds a registered trademark on the design and configuration of the Zamboni Ice Resurfacer by the U.S. Patent and Trademark Office. [238] Zeppelin: Rigid airship
It defines cybersquatting as "(occurring) when a person other than the trademark holder registers the domain name of a well-known trademark and then attempts to profit from this by either ransoming the domain name back to the trademark holder or using the domain name to divert business from the trademark holder to the domain name holder". [108]
The nominative use doctrine was first enunciated in 1992 by the U.S. Court of Appeals for the Ninth Circuit in New Kids on the Block v. News America Publishing, Inc. [4] In New Kids on the Block, the court had examined a "New Kids on the Block survey" performed by the defendant, and found that there was no way to ask people their opinion of the band without using its name.
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