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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
The Lanham Act specifies available compensatory remedies, and they do not include attorney's fees; furthermore, attorney's fees are generally not recoverable without statutory or contractual provisions. United States v. Sealy, Inc. 388 U.S. 350: 1967: 6–1 Non-trademark: Anti-trust Majority: Fortas: Sherman Antitrust Act
Inwood Laboratories Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982), is a United States Supreme Court case, in which the Court confirmed the application of and set out a test for contributory trademark liability under § 32 of the Lanham Act (15 U.S.C. § 1114).
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 ...
In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as the "basic mark" necessary for Madrid filings. [82] The trademark registration process with the USPTO generally follows these steps: [83]
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]
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