Trademark Infringement Name With Example
Description
How to fill out Cease And Desist Letter For Trademark Infringement Of Internet Domain Name?
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FAQ
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered ...
§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.
An example of infringing an owner's right of distribution would be if someone sells unlicensed copies of someone else's original work, such as a work of literature or art. For instance, an individual could not copy a famous musician's music and distribute copies of that music for monetary gain.
Louis Vuitton v. Louis Vuitton, the fashion designer, won the infringement case against Louis Vuiton Dak, the South Korean fried chicken restaurant; the court ruled the restaurant's name and logo are too similar to the designer's brand.
For instance, if a company sells a soap called ?Ole' Spice,? there is a likelihood that it may be confused with ?Old Spice.? However, if a business is selling a cooking seasoning product, it is unlikely that confusion will occur. The protection that comes with a trademark may extend to related products.
