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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 Trademark Trial and Appeal Board Manual of Procedure (TBMP) is a manual published by the United States Patent and Trademark Office (USPTO) for use by litigants before the Trademark Trial and Appeal Board. It provides basic information generally useful for litigating these cases, including current practice and procedure as of the date the ...
The Madrid Agreement and Madrid Protocol were adopted at diplomatic conferences held in Madrid, Spain. The Madrid Agreement was originally intended to provide for an international registration system, but did not achieve this for two significant reasons: The lack of international acceptance.
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
Under United States trademark law, the functionality doctrine provides that product features that are functional cannot be protected as trademarks. [1] A product feature is considered functional if it is essential to the product’s use or purpose, or if it has an impact on the product’s cost or quality. [1]
Several trademark laws merely implement obligations under Article 16.3 [121] of the TRIPS Agreement and protect well-known registered trademarks only under the following conditions: 1- that the goods and services for which the other mark is used or is seeking protection are not identical with or similar to the goods for which the well-known ...
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