This letter is notification that a former franchisee is prohibited from using the trademark of the franchisor in any form of directory advertising.
Mississippi Notice To Cease Use of Trademark / Servicemark in Directory Advertising and Listing
State:
Multi-State
Control #:
US-9-03-STP
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit: Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. ... Enlist help. ... Consider general liability insurance. ... Register your trademark. ... Document your findings.
To win trademark infringement cases, you have to prove that the alleged infringer caused confusion as to the source of goods or services. Trademark violation can be very expensive to prove because of the evidence required to show likely confusion: customer surveys, social science data, and consumer psychology.
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...
A trademark identifies the source of goods, while a service mark designates the provider of a service. Despite the distinction, the term ?trademark? is commonly used to describe both forms of intellectual property.
Defences to trade mark infringement the use of own name and address. the use of certain indications. the use of intended purpose. the use of an earlier mark.
