What are the elements of a claim for trademark infringement?

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

When can you sue for trademark infringement?

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

What are the elements of a trademark infringement claim?

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

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New Hampshire Complaint for Federal and Common Law Trademark...

Trademark Attorney New Hampshire

Name: New Hampshire Complaint for Federal and Common Law Trademark Infringement and Unfair Competition
Brand: US Legal Forms
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Category:

New Hampshire Court Samples - Copyrights Patents and Trademarks - Sample Case 2

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New Hampshire

Control #:

NH-BH-130-01

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A01 Complaint for Federal and Common Law Trademark Infringement and Unfair Competition

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FAQ

A trademark is any word, name, symbol, device, or combination thereof adopted and used or intended for use in commerce to identify and distinguish goods from those goods manufactured or sold by others. Examples: "Big Mac" for McDonald's hamburgers; "Air Jordan" for Nike shoes; and "Mustang" for Ford automobiles.

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Both counterfeiting and piracy are federal crimes. If such issues are a part of your claim of trademark infringement, those suspicions should be reported to the appropriate federal agency. The duty complaint agent at your local Federal Bureau of Investigations (FBI) office can accept your initial complaint.

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

It is very similar to service mark infringement. One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them pass off as authentic.

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.

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.

Trademark Attorney New Hampshire

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