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A defendant claiming fair use of a trademark does not have the burden of showing its use is not likely to cause confusion; Some consumer confusion regarding the origin of the goods or services is compatible with the fair use of a trademark. American Needle, Inc. v. NFL: 560 U.S. 183: 2010: 9–0: Non-Trademark: Antitrust Majority: Stevens ...
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 ...
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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. The goal is to allow consumers to easily identify the producers of goods ...
Intent to show confusion is also relevant; hence, as a general rule the trademark should be used no more than necessary for the legitimate purpose. [5] By the same token, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type.
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 ...