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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 invalidity of a registered trademark does not necessarily divest a federal court's jurisdiction over unfair competition claims; An established secondary meaning gives the term's owner a right against unfair competition at common law, apart from any trademark statutes. Mishawaka Rubber & Woolen Mfg. Co. v. S.S. Kresge Co. 316 U.S. 203: May 4 ...
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others.
Subsequent federal laws proved ineffective, leading to confusion and inadequate safeguarding of marks. Trademarks persisted indefinitely, even if unused. The Lanham Act emerged as a long-awaited solution, aiming to comprehensively regulate the creation and utilization of trademarks, offering protection to both trademark owners and consumers. [5]
The Trademark Law Treaty (TLT) is a 1994 treaty entered into by a large number of countries establishing procedures for recognizing trademarks registered in other member countries. It operates under the auspices of the World Intellectual Property Organization .
The Federal Trademark Dilution Act of 1995 (Pub. L. 104–98 (text)) is a United States federal law which protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition. It went into effect on January 16, 1996.
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Fair use of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc. using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the ...
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