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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 failed to cover trademark counterfeiting. After much protest from merchants and manufactures around the country, Congress amended the ...
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 .
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 ...
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.
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
Steffens and Wittemann dealt with alleged counterfeiting of marks associated with champagne, while Johnson dealt with alleged counterfeiting of a mark associated with whiskey. The opinion was written by Justice Samuel Freeman Miller. The Court did not exclude all possibility of Congress regulating trademarks.
Counterfeiting is the umbrella term to designate infringements to intellectual property, with the exception of the term piracy which is sometimes (colloquially) used to refer to copyright infringement. [2] A more narrow definition of brand protection which focuses on trademark infringement, is sometimes used.
(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 ...