The penalties for trademark infringement can vary depending on the specific circumstances of the case and the laws of the jurisdiction in which the case is being heard. Let’s first start with understanding what trademark infringement is: The Lanham Act defines trademark infringement as the unauthorized use of a trademark that is likely to cause confusion […]
Trademark infringement is a violation of the exclusive right granted to a trademark owner to use their trademark in commerce. To establish trademark infringement, the following elements must be shown: (1) that the plaintiff owns a valid trademark; (2) that the defendant is using a trademark that is identical or substantially similar to the plaintiff’s trademark; […]
Trademark cybersquatting is the act of registering, trafficking in, or using a domain name that is identical or similar to a distinctive trademark or service mark of another party, with the intent to profit from the goodwill of the trademark owner, or with the intent to mislead consumers as to the source of the goods or […]
The range of remedies for trademark infringement, trademark dilution, and false advertising under the Lanham Act include These are the main remedies available under the Lanham Act for trademark infringement, trademark dilution, and false advertising. The specific remedy or remedies that are available in a given case will depend on the specific circumstances of the case […]
False advertising is a form of unfair competition under the Lanham Act. It occurs when a company makes false or misleading claims about its products or services in advertising or other commercial speech. False advertising can take many forms, including making false claims about the characteristics, benefits, or quality of a product or service, making misleading […]
Trademark dilution is a form of trademark infringement under the Lanham Act. It occurs when a trademark is used in a way that lessens its unique qualities, even if the use does not cause consumer confusion as to the source of the goods or services. For example, if a company uses a famous trademark in an […]
A generic trademark is the name of a product/service/brand name which is the actual name for the product/service/brand name. Examples include: APPLE for apples, or LAW FIRM for a law firm. A generic term that could even obtain secondary meaning will not help that term become eligible for trademark protection. The rationale behind this prohibition is that to allow a single business, entrepreneur or inventor, the exclusive right to the generic term would give them a monopoly and an unfair competitive advantage over other businesses.