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Every small business has some form of intellectual property associated with it. Intellectual property, or IP, is a valuable company asset. It comes in four types: trademarks, copyrights, patents ...
Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. [19] A service mark, also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. [20] The term trademark is used to refer to both trademarks and service marks. [19]
Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering ...
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".
Direct evidence of actual copying by a defendant rarely exists, so plaintiffs must often resort to indirectly proving copying. [1] [page needed] Typically, this is done by first showing that the defendant had access to the plaintiff's work and that the degree of similarity between the two works is so striking or substantial that the similarity could only have been caused by copying, and not ...
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:
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