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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 ...
Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [2] [3] [4] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [5] Catseye
A court of appeals decision regarding trademark registration affirming the Commissioner of Patent's decision, and directing the clerk to certify its opinion to the Commissioner, is not final and appealable to the Supreme Court. A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co. 201 U.S. 166.
Vidal v. Elster, 602 U.S. 286, is a United States Supreme Court case dealing with 15 U.S.C. § 1052, a provision of the Lanham Act regarding trademarks using the name of living individuals without their consent. The court decided that the provision does not violate the Free Speech Clause of the First Amendment. [1][2]
Laws applied. U.S. Const. amend I; Lanham Act (15 U.S.C. § 1051 et seq) Mattel v. MCA Records, 296 F.3d 894 (9th Cir. 2002), [1] was a series of lawsuits between Mattel and MCA Records that resulted from the 1997 hit single "Barbie Girl" by Danish-Norwegian group Aqua. [2] The case was ultimately dismissed.
e. The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.
D. Dastar Corp. v. Twentieth Century Fox Film Corp. 539 U.S. 23 (2003) (it is a misuse of trademark law to try to use the doctrine of reverse passing off to assert protection over a formerly copyrighted work which has passed into public domain) Derry v. Peek (1888) LR 14 App Cas 337.
v. t. e. Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly ...