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Trademark infringement occurs when a trademark is used by someone who does not hold that trademark in a way that causes actual confusion or a likelihood of confusion between the marks. Specifically, the Act prohibits the use of marks that are "likely to cause confusion, or to cause a mistake, or to deceive".
There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one of the following:
A copyright is a type of intellectual property that gives ... distinct differences between jurisdictions continue to exist. ... Wikipedia® is a registered trademark ...
Intellectual property laws such as trademark laws forbid the sale of infringing goods like these "McDnoald's" [] and "NKIE" [] sandals from China.Intellectual property (IP) is a category of property that includes intangible creations of the human intellect.
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.
Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. [20] A service mark, also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. [21] The term trademark is used to refer to both trademarks and service marks. [20]
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 ...
Examples are patents, copyright, franchises, goodwill, trademarks, and trade names, reputation, R&D, know-how, as well as any form of digital asset such as software and data. This is in contrast to physical assets (machinery, buildings, etc.) and financial assets (government securities, etc.). [1]