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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Federal Trademark Registration: Just Do It
In today's competitive markeplace, it is becoming increasingly important for merchants and manufacturers to differentiate their goods and services from those of their competitors. With the advent and proliferation of the Internet, there are more ...
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Free Speech Defeats Barbie Claim
The United States Supreme Court recently let stand a Ninth Circuit decision holding that the First Amendment trumps trademark law when an artistic work uses a trademark to poke fun at the product it identifies. Mattel, Inc. v. MCA Records, Inc. 2003 ...
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How To Understand The Frustration of the Trademark Owner Over Domain Names And What You Can Do About It
The Internet is a wonderful new business tool. It is also a new medium and many have sought to take advantage of trademark owners in this new space. Several cases show the many pitfalls a trademark owner can fall into when trying to stop a diluting ...
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I Know It When I See It: A Practitioner’s Guide To Identifying Third Party Trademarks That Are Likely To Dilute
Dilution. To a chemist, it refers to the process of reducing the concentration of a solute in solution, usually simply by mixing with more solvent. 1 But to a trademark lawyer, it is the raison de'etre for the Federal Trademark Dilution Act ...
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Know Your Logo
A logo is much more than a trademark. It is your online identity. You can be assured that your identity is being .borrowed.: used where you do not want it, and in places you do not know of. Trademark lawyers know that trademark law recognizes both ...
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Leonardo, Lingerie And George Of The Jungle: Practical Considerations In Trademarks And Licensing
Trademarks play an increasingly important role in most businesses, yet many companies still deal with them on an ad hoc basis. There are a number of areas companies can focus on to maximize the value of their trademarks. Brand management encompasses ...
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Madrid Protocol for Multi-National Trademark Registration Appears Close to Passage
The Madrid Protocol is one of two international treaties comprising the Madrid System for registration of trademarks. Under the Protocol an international application may be based on an application or registration within a member country. The ...
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Preventing the Unauthorized Use of Internet Addresses Identical to Registered Trademarks
Increasingly, consumers are utilizing Internet addresses for finding specific sources of goods and services. More specifically, consumers often search for goods and services by utilizing well-known trademarks or service marks as Internet search ...
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Modernizing for the Millenium:The 1999 Amendments to the Trademark Law
As we practitioners prepare to trek across the bridge to the twenty-first century, several recent developments in American trademark law will help make our journey just a bit easier. The U.S. trademark system is being modernized so that this ...
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Naming Your Company
Naming your company, product or service is an important task. Good branding dictates that names convey who you are and what you provide. "A rose by any other name is still a rose," but consumers remember and recognize you by your name. In addition ...
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