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Plano
15.11 Infringement-Elements-Validity-Distinctiveness-Secondary...

Plano Texas 15.11 Infringement-Elements-Validity-Distinctiveness-Secondary Meaning

Category:

Federal - Jury Instructions - 9th Circuit - Civil

State:

Multi-State

City:

Plano

Control #:

US-JURY-9THCIR-15-11

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Rich Text

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Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

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Interesting Questions

Can a trademark become generic over time?

Yes, trademarks can become generic if they are used by the public to refer to a category of products instead of identifying the source – just like 'escalator' or 'photocopier'!

What role does consumer confusion play in infringement cases?

Consumer confusion is at the heart of infringement cases; if people are likely to mix up your brand with another, that's a red flag!

How can I prove secondary meaning for my trademark?

You can prove secondary meaning through consumer surveys, sales figures, and advertising efforts that demonstrate customers recognize the brand as yours.

What is secondary meaning in trademark law?

Secondary meaning arises when consumers start to associate a trademark with a specific product or service, even if it was initially descriptive – like calling all facial tissues 'Kleenex'!

What does distinctiveness of a trademark mean?

Distinctiveness means that the trademark must set your goods or services apart from others in the market – it's like having a unique name for your favorite ice cream flavor!

How do we determine if a trademark is valid?

A trademark is considered valid if it’s distinctive, used in commerce, and not just descriptive of the goods or services it represents.

What are the key elements of an infringement claim?

In an infringement claim, the major players include ownership of a trademark, the likelihood of consumer confusion, and evidence that the trademark is valid.