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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.
If the trademark is the subject of a trademark registration, the complaint must provide the registration. Otherwise, the complaint must list: (a) the trademark; (b) the goods and/or services that are associated with the trademark; (c) the date on which the trademark was first used on such associated goods and/or services; and (d) the geographic ...
An accounting of profits is proper in a trademark infringement case only where the defendant engages in willful infringement, meaning that the defendant attempted to exploit the value of an established name of another. [45] Alternatively, a plaintiff may recover damages incurred if they show a reasonable forecast of lost profits.
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.
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.
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the ...
The caveat is Swift's team has up to three years to provide proof. Look what you made her do. Trademark registrations start with the filings. When Swift announced "Fearless (Taylor's Version)" on ...
A well-known trademark does not have to be registered in the jurisdiction to bring a trademark infringement action (equivalent to bringing a passing off claim without having to show goodwill and having a lesser burden of proof). As per the Trademark Rules 2017, India, an applicant needs to substantiate his claim that his trademark is having the ...