Search results
Results from the WOW.Com Content Network
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 ...
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.
§§ 32 and 43 of the Act (now known as 15 U.S.C. §§ 1124–1125) set out the remedies that can be sought when a trademark is infringed. Notably, Section 43(a) of the Lanham Act focuses on false advertising and unfair competition, providing a legal recourse for individuals and businesses. [10]
[7] According to Starbucks Corp. v. Wolfe's Borough Coffee, Inc., in which the Lanham Act infringement and Section 43(a) claims were considered jointly, the Section 43(a) claims of Tiffany are governed by the same legal analysis as its federal infringement claims. Thus, Tiffany's Section 43(a) claims must fail as the contributory and direct ...
Subsection (a)(1)(A) of Section 666 prohibits the embezzlement, stealing, obtaining by fraud or otherwise unauthorized conversion to the use of any person other than the rightful owner or the intentional misapplication of property having a value of $5,000 or more by an agent, typically an employee, of an organization or of a state, local or Indian tribal government agency that receives $10,000 ...
Gave rise to LaMacchia Loophole where criminal charges of fraud or copyright infringement would be dismissed, so long as there was no profit motive involved. The NET Act was passed in 1997 as a direct response to LaMacchia. Lotus v. Borland: 49 F.3d 807: 1st Cir. 1995 Software interfaces per se are "methods of operation" and are not covered by ...
Congress then passed the Trade Mark Act of 1881, which was based on the Commerce Clause power, and therefore passed constitutional muster. The three cases were United States v. Steffens, United States v. Wittemann, and United States v. Johnson.