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Trademark Act of 1905: In calculating damages, the rightful trademark owner only bears the burden of proving the amount of infringer's sales bearing the trademark—the infringer bears the burden of decreasing the damage calculation by showing what portion of profits are attributable to factors other than use of the infringing mark.
A defense of fraud by the trademark owner can be raised at any time, and includes proving that: (1) the applicant made a false representation to USPTO; (2) the false representation is material to the registrability of a mark; (3) the applicant had knowledge of the falsity; and (4) the applicant made representation with the intent to deceive the ...
The criteria are often: aural, visual and conceptual similarity (often applied in trademark infringement cases). For the element of damage to goodwill, there may be a loss or diversion of trade or dilution of goodwill. The plaintiff need not prove actual or special damage; real and tangible probability of damage is sufficient. This damage ...
Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), was a United States Supreme Court case related to trademark law under the Lanham Act.In the 9–0 decision on judgement, the Court ruled that a plaintiff in a trademark infringement lawsuit is not required to demonstrate that the defendant willfully infringed on their trademark to claim lost profit damages.
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 ...
The Lanham Act prohibits "the deceptive and misleading use of marks" to protect business owners "against unfair competition." [4] The Act defines trademarks as "any word, name, symbol, or device or any combination thereof" used by any person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the ...
The second provision of the Trademark Counterfeiting Act of 1984 deals with damages that may be recovered against users of counterfeit trademarks; treble profits or damages (damages awarded in an amount that is three times the amount for which the wrongdoer is found liable for), whichever is greater, and reasonable attorney fees. [3]
Owners of unregistered trademarks can not sue for trademark infringement if another party uses their trademark, although they can seek a passing off remedy. [8] In order to do so, the unregistered trademark owner must prove that damage was done to them by another trader taking advantage of the consumer goodwill attached to the trademark. [9]