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All trademark acts after the 1870 one, including the 1881 Trademark Act and the 1946 Trademark Act (The Lanham Act), make no mention of the trademark counterfeiting provision of the 1870 act. [3] By the 1970s, counterfeiting was costing U.S. companies billions of dollars, upwards of $100 billion in the years leading up to the Trademark ...
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.
Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, [6] which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United States Code, [7] and enhanced enforcement remedies through the use of ex parte seizures [8] and the award of ...
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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counterfeiting, Lanham Act, trademark infringement, trademark dilution, nominative fair use Tiffany (NJ) Inc. v. eBay Inc. 600 F.3d 93 (2nd Cir. 2010), [ 1 ] was a landmark case in which the United States Court of Appeals for the Second Circuit first addressed contributory trademark infringement in the context of online marketplaces.
(ii) to sell or distribute goods, services, or materials bearing a counterfeit mark, as that term is defined in section 34(d) of the Act entitled 'An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 ...