Trademark

A trademark can be almost anything as long as it helps the consumer identify with the particular product or service. It can be a word, phrase, symbol, image, sound, device, or even color. Examples include such marks as the Nike “swoosh,” the NBC three-toned chime “G E C,” and the distinctive shape of a Coca-Cola bottle. This is FindLaw's collection of Trademark articles, part of the Intellectual Property section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Intellectual Property
Trademark Articles
    • Parody Use of Trademarks
      Parody usage of trademarks is quite prevalent in our society, for a wide variety of uses.  However, with a large number of cases litigated, it is inevitable that courts would apply judicial standards inconsistently. The Trademark Act of 1946 (the ...

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    • Nike's Trademark Infringement Case Turns on Covenant Not to Sue
      "If such a shoe exists, the parties have not pointed to it, there is no evidence that Already has dreamt of it, and we cannot conceive of it. It sits, as far as we can tell, on a shelf between Dorothy's ruby slippers and Perseus' winged sandals ...

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    • It's a New World in Trademarks: The U.S. Joins The Madrid Protocol
      Beginning on November 2, 2003, U.S. trademark owners can take advantage of a streamlined international trademark registration system known as the Madrid Protocol. The Madrid Protocol is a treaty managed by the World Intellectual Property ...

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    • Rock and Roll Museum Wins Injunction
      The Rock and Roll Hall of Fame and Museum, Inc. has been awarded a preliminary injunction by the Federal District Court for the Northern District of Ohio against Gentile Products, et al. to prevent production and sale of a poster featuring a ...

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    • Post-Registration Strategic Maintenance and Protection of Your Trademarks
      James Nguyen, Senior Counsel at Foley & Lardner, presented two discussions, the first entitled "Post-Registration Strategic Maintenance and Protection of Your Trademarks." He noted that "Trademarks can be a powerful sword, but needed to be actively ...

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    • Recognition of Well-Known Trademarks
      The legal term of "well-known trademark" first appeared in the 1883 Paris Convention for the Protection of Industrial Property ("Paris Convention"), which sets forth the principles for granting special protection to well-known trademarks. Paris ...

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    • Protection of Literary Titles
      When a book is published, the publisher expects the copyright law to protect its creative expression for the length of time provided for by the Copyright Act. But is the literary title that the publisher and author have spent substantial time ...

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    • Protection of Trademarks in Australia
      A trademark may be the most effective and valuable marketing tool of an overseas company doing business in Australia. Consumers identify certain quality and image with goods and services bearing a trademark. Therefore, overseas companies with any ...

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    • Trademark Law Treaty Implementing Legislation Signed into Law
      On October 30, 1998, the president signed into law the implementing legislation for the Trademark Law Treaty ("TLT"). The TLT, ratified by the U.S. Senate on June 26, 1998, greatly simplifies the trademark registration process by eliminating ...

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    • Trademark Recordation: Competitors Beware
      We are observing a new development in the US which could be of serious concern to importers of products into this country: the use of trademark law to exclude foreign competition, despite the fact that patent protection on the trademarked products ...

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