Ads
related to: trade name and brand examples in texas law
Search results
Results From The WOW.Com Content Network
A trade name, trading name, or business name is a pseudonym used by companies that do not operate under their registered company name. [1] The term for this type of alternative name is fictitious business name. [1] Registering the fictitious name with a relevant government body is often required.
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.
Trade dress is capable of identifying the source of a good or service, so inherently distinctive trade dress is protectable under the Lanham Act without showing the trade dress has acquired secondary meaning. Qualitex Co. v. Jacobson Products Co., Inc. 514 U.S. 159: 1995: 9–0: Substantive: Trade dress; Functionality Majority: Breyer: Lanham Act
Dastar Corp. v. Twentieth Century Fox Film Corp. 539 U.S. 23 (2003) (it is a misuse of trademark law to try to use the doctrine of reverse passing off to assert protection over a formerly copyrighted work which has passed into public domain) Derry v. Peek (1888) LR 14 App Cas 337
Unlike the names in the list above, these names are still widely known by the public as brand names, and are not used by competitors. Scholars disagree as to whether the use of a recognized trademark name for similar products can truly be called "generic", or if it is instead a form of synecdoche .
4. Oreos. The off-brand Oreos don't seem to know what they're aiming for. Still, they try. And in these increasingly expensive times, some of them are the only way to attempt to satisfy an Oreo ...