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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The Domain Name Game
As businesses realize that the Internet is the wave of the future, many are rushing to catch that wave by establishing a domain name for a presence in cyberspace. As domain names have proliferated so have disputes between parties laying claim to the ...
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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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The Federal Trademark Dilution Act: Much Hobbled One Year After Victoria’s Secret
The purpose of the Federal Trademark Dilution Act (FTDA) 1 is to protect famous trademarks from third party uses which, while not likely to confuse, nonetheless diminish the capacity of the mark to distinguish goods or services, or cause ...
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The Proper Selection, Use and Protection of Trademarks, Corporate Names, and Trade Names in the U.S.
With many businesses, names are the most valuable asset. Names are promoted with much effort and expense. In fact, company pride and viability may hinge on the fame, strength and value of its names. Yet, often the benefits of available legal ...
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Trademark Issues on the Internet
The Internet has changed the way the world does business. Today, millions of people from around the world do research, shop, communicate, make travel and entertainment plans, play games, and share information using the Internet. Because of its ...
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Wine Trademarks Ripe for Confusion
United States law favors free competition. To compete in the marketplace, providers of goods and services often use descriptive terms, including geographic terms or place names, to inform consumers about the origin and nature of their products and ...
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What’s in a Name? Quite a Bit: Maybe Your Whole Business!
As the energy service industry changes and evolves, customer recognition of brand identity is more important than ever, especially as regional players are now directly competing with one another and company logos, and company acronyms in particular ...
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What is Intellectual Property?: Trademark
Intellectual Property is the group of legal rights in things that people create or invent. Intellectual property rights include patent, copyright, trademark and trade secret rights. In Europe and some other countries, "moral rights", which are ...
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Using the Trademark Dilution Act to Police the Misuse of Famous Names on the Internet
The explosive growth of the Internet has led many companies to realize the great value of having their own easy-to-locate web site, identified by a unique "domain name." Obtaining a domain name that corresponds to a company name or to the company's ...
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U.S. Supreme Court To Determine If A Product’s Design Is “Inherently Distinctive” For Trade Dress Protection
The United States Supreme Court has granted certiorari to decide when a product's design is "inherently distinctive" so as to be entitled to trade dress protection under the Lanham Act without proof of secondary meaning. Wal-Mart Stores, Inc. v ...
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