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The Trademark Act of 1905 imports the rules of practice and procedure that govern appeals of patent applications, and so authorizes a trademark owner to bring a suit in equity following an unsuccessful trademark cancellation appeal; and under the Trademark Act, both parties to a trademark cancellation interference have the right to appeal a ...
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Trademark protection depends on use in commerce, not registration. Both registered and non-registered trademarks are eligible for protection under the Lanham Act. However, registration (on the "Principal Register") affords several advantages: Nationwide trademark rights; A registered mark is presumed to be a valid trademark
Fair use of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc. using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the ...
Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995), was a United States Supreme Court case in which the Court held that a color could meet the legal requirements for trademark registration under the Lanham Act, provided that it has acquired secondary meaning in the market.
The FAIR USE Act is Boucher’s third attempt at reforming provisions within the DMCA, the previous two being the Digital Media Consumers' Rights Acts (DMCRA) of 2003 and 2005. [3] Previously, Boucher co-sponsored the “ Benefit Authors without Limiting Advancement or Net Consumer Expectations ,” or “BALANCE Act,” which sought to amend ...
Rescuecom Corp. v. Google Inc., in which the use of trademarks in Google's AdWords program was found to be a "use in commerce" under the Lanham Act; Network Automation, Inc. v. Advanced Systems Concepts, Inc., in which the use of a competitor's trademark as an Internet advertisement search keyword was found to not constitute trademark infringement
The Court did not exclude all possibility of Congress regulating trademarks. Congress, however, read the decision very strictly and in a new trademark law enacted in 1881 regulated only trademarks used in commerce with foreign nations, and with the Indian tribes, areas specified under the Commerce Clause.
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