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
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Color Trademarks Revisited
In our April, 1994 Report, we discussed recent decisions by U.S. Courts of Appeal for the Eighth and Ninth Circuits (and two other, earlier cases) regarding the protectability and registrability of color alone as a trademark. One of those cases ...
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An Overview of Section 337 Actions in the ITC
Limited exclusion orders under Section 337(d)(1) are often granted in conjunction with a cease and desist order, and only apply to articles imported by parties found to be in violation of Section 337. 22 Cease and desist orders are available under ...
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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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Selecting Good Trademarks
The trademark you select identifies the source of your product or service and distinguishes it from the goods or services of other companies. A trademark should be memorable; should attract the eye, ear and mind of the potential purchaser; should ...
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Supreme Court Cuts Back on Trademark Rights In TrafFix
On March 20, 2001, the U.S. Supreme Court delivered its second opinion on trade dress law in less than a year, holding that the dual-spring design on a highway construction sign is a functional feature not subject to trade dress protection. In ...
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Supreme Court Opinion Rules that the Federal Trademark Dilution Act (“FTDA”) Requires Proof of Actual Dilution
In a surprising decision with important ramifications for owners of famous trademarks, the Supreme Court ruled unanimously on March 4, 2003 that the Federal Trademark Dilution Act ("FTDA") requires proof of actual dilution. Mosely v. V Secret ...
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The Cautious Interplay Between Trademarks and Internet Domain Names
(Reprinted with permission of the Illinois Bar Journal, Vol. 88 #2, February, 2000. Copyright by the Illinois State Bar Association, on the web at www.isba.org.) Aaron W. Brooks Your client's trademark has been registered as an Internet domain ...
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