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Thus, the functionality doctrine serves to prevent trademark owners from inhibiting legitimate competition [11] When the aesthetic development of the good is intended to enhance the design and make the product more commercially desirable, trademark protection may be denied because the consumer is drawn to the design.
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
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.
A trademark owner who confines his trademark usage to a certain territory cannot enjoin use of that trademark by someone else who in good faith established extensive and continuous trade in another territory where the plaintiff trademark owner's product is unknown. United Drug Co. v. Theodore Rectanus Co. 248 U.S. 90: Dec. 9, 1918: Substantive
If the trademark is the subject of a trademark registration, the complaint must provide the registration. Otherwise, the complaint must list: (a) the trademark; (b) the goods and/or services that are associated with the trademark; (c) the date on which the trademark was first used on such associated goods and/or services; and (d) the geographic ...
The Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO-IP Act of 2008, H.R. 4279, S. 3325, Pub. L. 110–403 (text)) [1] is a United States law that increases both civil and criminal penalties for trademark, patent and copyright infringement. The law also establishes a new executive branch office, the Office of ...
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A more narrow definition of brand protection which focuses on trademark infringement, is sometimes used. [3] [4] Counterfeiting of physical goods that involves trademark infringement is indeed one of the predominant forms of intellectual property infringement. [5]