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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. Prestonettes, Inc. v. Coty
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 ...
Commonly used name by consumers in the U.S. and Canada, but the name is still a trademark. [192] Romex Non-metallic sheathed cable, Thermoplastic-sheathed cable Southwire (company). [193] Commonly used name by consumers in the U.S., but the name is still a trademark. [citation needed] Roomba: Robotic vacuum cleaner: iRobot Corporation
Justice Breyer, writing for a unanimous 9-0 court, overturned the Ninth Circuit's decision, holding that the Lanham Act was very broad in its definition of what a trademark could be. The definition section of the Lanham Act, 15 U.S.C. § 1127 , defines trademarks as including "any word, name, symbol, or device, or any combination thereof".
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Kellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938), is a United States Supreme Court case in which the Court ruled that the Kellogg Company was not violating any trademark or unfair competition laws when it manufactured its own Shredded Wheat breakfast cereal, which had originally been invented by the National Biscuit Company (later called Nabisco).
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