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| | Trademark infringement - definition of Trademark infringement in Encyclopedia |
 | | The proper use of a trademark means using the mark as a proper noun referring specifically to the product, or as an adjective, not as a generic noun or a verb. | | | Further, if a court rules that a formerly trademarked term has become "generic" through common use (such that the average consumer doesn't view it as a trademark), it may also be ruled invalid. | | | A trademark owner also uses trademark law to prevent unauthorised third party use of a mark which is identical to the owner’s mark, or which is so similar that use of the other party’s mark would result in a likelihood of confusion. |
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http://encyclopedia.laborlawtalk.com/Trademark_infringement
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| | California Copyright Infringement Attorney, Trademark Lawyer CA |
| | A trademark infringement lawsuit may also be filed in California state courts by our CA attorneys and lawyers for a trademark owner, and the remedies and damages available in California are similar to the federal court remedies and damages for trademark infringement. | | | for the copyright or trademark owner in federal court, or a trademark infringement lawsuit in state court. | | | In federal court, a court may award three times the trademark owner's actual damages and the trademark owner may also be entitled to the profits of the infringer and attorney fees, in the discretion of the court. |
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http://www.sebastiangibsonlaw.com/trademark-infringement.htm
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| | Auto-trolling for infringers -- Chilling Effects Clearinghouse |
| | Under the Lanham Act and state trademark statutes, persons who usurp registered trademarks as Internet domain names may be both immediately and permanently enjoined from further use of such names or any confusingly similar names and ordered to pay damages and attorneys' fees. | | | The Lanham Act provides numerous remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, money damages, a defendant's profits, provisions for the destruction or confiscation of infringing products and promotional materials and, where intentional infringement is shown, attorneys' fees and possible treble money damages. | | | A trademark owner/registrant may also be able to obtain lost profits or damages against a defendant in a civil action only if the acts were committed with knowledge that such imitation was intended to be used to cause confusion, mistake, or to deceive. |
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http://www.chillingeffects.org/acpa/notice.cgi?NoticeID=593
(4076 words)
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| | Dogpile - Web Search: trademark infringement |
| | Trademark Infringements and Statutory Redress in the United States... | | | trademark rights that are granted under US law and how those rights may be infringed. | | | NOVELINT - biz strategy for patent infringement, copyright... |
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http://www.dogpile.com/info.dogpl/search/web/trademark%2Binfringement
(355 words)
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| | INTERNET SERVICE PROVIDER LIABILITY FOR CONTRIBUTORY TRADEMARK INFRINGEMENT AFTER GUCCI |
| | Although the Lanham Act does not address either contributory or vicarious liability for copyright infringement, courts have used common law concepts to apply these to indirect infringers. | | | In examining the issue of CDA immunity from contributory liability for trademark infringement, the district court first looked to the statutory language. | | | Despite this apparent bar to extending immunity to trademark infringement, the court addressed Mindspring's argument that immunity would not "limit" or "expand" any IP laws because such contributory liability for trademark infringement had never before been imposed on an ISP. |
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http://www.law.duke.edu/journals/dltr/articles/2002dltr0025.html
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| | United Kingdom - Definition of Trademark Infringement |
| | The plaintiff argued that the defendants were thus liable for infringement within the meaning of the Trade Marks Act 1994, which states that infringement is found where "there exists a likelihood of confusion on the part of the public, which includes the likelihood of association" between the sign and the trade mark. | | | The effect of this decision is that, notwithstanding attempts at harmonization among the member states, the definition of trademark infringement within the European Union is now unclear, since it appears that trademark infringement will be construed on a narrower basis in the United Kingdom than, for example, in the Benelux countries. | | | The broader concept, described by the judge as "non-origin association", is derived from Benelux law, under which a trademark functions, not only as an indicator of origin, as in the United Kingdom, but also as an indicator of quality and, through use, such trademark can assume a goodwill all its own. |
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http://www.ladas.com/BULLETINS/1996/0896Bulletin/UnitedKingdom2.0896.html
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| | Perkins Coie |
| | A federal court issued a temporary injunction in a copyright infringement case involving targeted pop-up advertising. | | | In a trademark infringement action, personal jurisdiction over an out of state Web site operator was proper in Missouri based upon the plaintiff's Lanham Act claims which, if proven, would constitute a "commission of a tortious act within the state". | | | The court held that Google could not be held liable for trademark infringement where an advertiser uses the trademark in a keyword. |
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http://www.perkinscoie.com/casedigest/icd_results.cfm?keyword1=trademark&keyword2=trademark%20infringement&keyword3=dilution&topic=Trademark%20Infringement%2FDilution
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| | Internet Law - Trademark |
| | As such, the court reversed so much of the decision of the district court which dismissed the trademark infringement and dilution claims plaintiff asserted as a result of this use, and remanded those claims to the district court for a determination as to whether "PMOY '81" is a mark entitled to trademark protection. | | | In this trademark infringement action, the court denied plaintiff's motion for a preliminary injunction, enjoining defendant from continuing to use a domain name that plaintiff contended infringed its common law trademark. | | | The absence of such a use by WhenU of plaintiff's trademarks is fatal to 1-800 Contacts' trademark infringement claims, and mandated reversal of the District Court's grant of preliminary injunctive relief. |
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http://www.phillipsnizer.com/library/topics/trademark.cfm
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| | Trademark Infringement (BitLaw) |
| | The most common form of relief granted to a successful plaintiff in a trademark infringement lawsuit is an injunction against further infringement. | | | The elements for a successful trademark infringement claim have been well established under both federal and state case law. | | | In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. |
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http://www.bitlaw.com/trademark/infringe.html
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| | 313. Trademark infringement |
| | If the infringement is proven, the court can order them to stop using your trademark and to pay you compensation. | | | Trademark infringement occurs when someone uses a trademark without the permission of the owner. | | | If someone infringes your trademark, you should consider contacting a trademark lawyer to take legal action against them. |
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http://www.legalline.ca/intellectual/313.html
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| | LookSmart - Search results for "trademark infringement" |
| | trademark infringement, internet copyright, living trust,attorneys at law,Origin trademark infringement internet email laws - few copyright laws on the internet, creative attorney and law firm in... | | | Includes information about her legal challenges to J.K.Rowling for copyright and trademark infringement. | | | Origin trademark infringement internet email laws - few copyright laws on th... |
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http://www.looksmart.com/r_search?l&pin=011121x2de76f8e168debe7bd1&key=trademark+infringement&skip=15&se=2,5,17,0&search=us302562
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| | Search: sebastiangibsonlaw.com/trademark-infringement.htm - MetaCrawler |
| | The Law Firm of copyright and trademark infringement enforcement attorney Sebastian Gibson, with... | | | The Law Firm of copyright and trademark infringement enforcement attorney Sebastian Gibson, with lawyers who practice in the Palm Springs desert area,... | | | The Southern California Law Offices of Trademark and Copyright Infringement Attorney... |
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http://www.metacrawler.com/info.metac/search/web/sebastiangibsonlaw.com%252Ftrademark-infringement.htm
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| | Don Clark's Response to a Trademark Infringement Accusation |
| | Under both federal trademark law and state common law, the owner of a trademark normally has the exclusive right to the name only in a particular market and only on particular goods or services. | | | I believe this is false as the federal trademark law, as embodied in the Lanham Act, allows concurrent use of the same famous name by parties when such use does not create a likelihood of consumer confusion. | | | Accordingly, under both the common law and civil law approaches, trademark rights are acquired only as to specific goods or services. |
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http://www.squarewheels.com/articles/trademarkinfringe.html
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| | What is contributory trademark infringement? -- Chilling Effects Clearinghouse |
| | For example, in one case a court found that the operator of a California swap meet was liable for contributory trademark infringement because it was aware that vendors at its swap meet were selling counterfeit recordings that violated the trademark of the company that owned the rights to the recordings. | | | However in another case a court felt that a company providing domain name registration, had less control over the use of its service and was not liable for contributory trademark infringement when someone registered a domain name that infringed a trademark. | | | Answer: Even if you are not using someone’s mark directly in a product or service you sell, your opponent may say you have liability under the theory of “contributory trademark infringement.” This liability may exist if you knowingly allow someone else to violate another party’s trademark rights and personally gain from such violation. |
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http://www.chillingeffects.org/piracy/question.cgi?QuestionID=398
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| | trademark infringement damages |
| | We went to a patent and trademark attorney to determine if we could use and trademark a certain name. | | | A search was done and we were granted the trademark. | | | : We went to a patent and trademark attorney to determine if we could use and trademark a certain name. |
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http://www.intelproplaw.com/Trademark/Forum/msg/36.html
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| | Slashdot SSH Claims Trademark Infringement by OpenSSH |
| | Trademark law essentially prohibits trademarking nouns (and, in fact, you can lose the trademark if it's commonly used as a noun). | | | Trademarks have to be protected, no matter how little you care, or else they will become invalid and anyone can use them. | | | Actually, when you look at this case, it's a pretty clear example of why trademarks were created in the first place: to avoid customer confusion about branding. |
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http://www.slashdot.org/articles/01/02/14/1120247.shtml
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| | Techdirt:Suing Spam Spoofers For Trademark Infringement |
| | It would be great if this actually did take down some spammers, but if it were really that easy, there would already have been many trademark infringement lawsuits against spammers. | | | So, in this case, the Institute for Spam and Internet Public Policy wants to sue spoofers for trademark infringement. | | | Of course, the one big assumption in all of this is that they'll be able to track down the spammers. |
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http://www.techdirt.com/articles/20040817/0932257.shtml
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| | Intellectual Property Law - Patent, Trademark, Design patent, Patent application, Patent claim, and Law |
| | Most patent and trademark offices permit these intellectual property databases to be searched over the internet. | | | The Intellectual Property offices (sometimes called Patent Office, Trade Marks Office, etc.) have the database of all the prior intellectual properties - patents, trande marks, designs, etc. - that were filed with that office. | | | Intellectual Property Law - Patent, Trademark, Design patent, Patent application, Patent claim, and Law |
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http://patent.lawhelponline.com/Search
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| | trademark infringement - Search.com |
| | related searches: free trademark search · us patent and trademark office · registered trademarks · trademarks and copyrights ·; trademark application · trademark law · us patent office · us patent ·; inta · international trademark association | | | Internet Copyright and Trademark Infringement Detection and Protection | | | Internet Copyright & Trademark Infringement Detection and Protection. |
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http://www.search.com/search?q=trademark+infringement&nav=3.10.5.10&tag=se.sr-1-.page.103.3
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| | William R. Golden Jr. |
| | CCH 27,239 (S.D.N.Y. 1994) (successful copyright and trademark infringement suit; summary judgment granted) | | | 302 (S.D.N.Y.) (partial summary judgment granted cancelling plaintiff's trademark registration), 49 U.S.P.Q. 2d 1296 (motion to dismiss granted in part), 50 U.S.P.Q. 1889, 1999 WL 219906 (S.D.N.Y.) (judgment for defendants after trial), aff'd, 203 F.3d 116 (2d Cir.) cert. | | | Intira Corp., 2000 U.S. Dist. LEXIS 17039 (S.D.N.Y. Nov. 27, 2000) (successful defense of trademark infringement suit; TRO and preliminary injunction denied; transfer motion granted) |
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http://www.kelleydrye.com/attorneys/atty_data/00070
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| | eBay Sellers Charged With Trademark Infringement |
| | EBay, however, has claimed before that it is a "venue only" and is not responsible for the actions of its users regarding trademark or copyright infringement. | | | The Cartier International corporation and the Montblanc-Simplo corporation filed complaints in a California district court against eBay sellers Marina's Boutique Store, eBay ID mboutiquestore, and Verona Eyewear, eBay ID veronaeyewear, seeking damages for trademark infringement, trademark dilution and false advertising. | | | Silhouette International Schmied AG and its US subsidiary Silhouette Optical Ltd. also took action against Marina and Verona, obtaining a New York district court injunction to stop both parties from using Silhouette trademarks on their eBay sites. |
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http://www.auctionbytes.com/cab/abn/y04/m08/i23/s02
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| | Trademark Infringement Source |
| | Though the ruling admits the site was non-commercial propaganda, and thus not trademark infringement under US law,... | | | [ Follow Ups ] [ Post.....February 01, 1999 at 05:34:03: In Reply to: trademark infringement damages posted by J.....as to how courts compute damages... | | | Unfair Competition and Trademark Infringement - from the 'Lectric Law Library's stacks... |
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http://www.onlinejournalismawards.org/legal/trademark-infringement.html
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| | Trademark Infringement Definition |
| | A legal presumption of the trademark registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration. | | | The ability to bring an action concerning the mark in federal court | | | A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. |
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http://www.hjventures.com/trademark/Trademark-Infringement.html
(208 words)
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| | Link of the Week Archive |
| | and trademark infringement to spam laws and COPPA violations. | | | real-life profiles of different types of lawyers, e.g., Associate in the area of Trademark, Copyright and Advertising law. | | | Anyone with Internet access anywhere in the world can use USPTO’s Web site to review documents in the official trademark application file. |
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http://www.socialaw.com/content.htm?sec=linkofweek
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| | İstanbul Bilgi Üniversitesi Bilişim Teknolojisi Hukuku Uygulama ve Araştırma Merkezi |
| | http://library.law.columbia.edu/music_plagiarism/index2.html The purpose of this project is to capitalize on the distributed nature of digital information systems to collect, organize and distribute graphic and audio materials associated with music copyright infringement cases in the United States from the middle of the nineteenth century on | | | Basic Guide and Index for Patents, Trademarks, and Copyrights Information | | | The copyright dangers of music on hold: Telstra Corporation Ltd v Australasian Performing Right Association Ltd |
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http://bthukuku.bilgi.edu.tr/pages/left_13.asp
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| | as days pass by » Broad sweep trademark infringement |
| | Trademark and copyright infringement is a serious matter and carries significant | | | Additionally, if this is a code project, as a copyright and trademark infringer, all code, all work | | | This stinks of someone who needs some extra money and searched Google for people using his “trademark” as a last-ditch effort to make some money. |
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http://www.kryogenix.org/days/2004/12/28/infringement
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| | Pirate article - Pirate robs ships trademark copyright infringement unauthorized copying - What-Means.com |
| | These acts are known as piracy; the concept of taking someone else's possessions and using them for your own pleasure or profit has been extended so that the term piracy also commonly refers to trademark and copyright infringement or unauthorized copying of software. | | | Pirate article - Pirate robs ships trademark copyright infringement unauthorized copying - What-Means.com | | | Pirates who operated in the West Indies were known as buccaneers (from boucan, Portugese slang for people of the Caribbean). |
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http://www.what-means.com/encyclopedia/Piracy
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| | DTS Wins Trademark Infringement Lawsuit |
| | The case was to proceed to trial on the issue of damages, however DTS obtained an out of court settlement from Mintek. | | | Agoura Hills-based DTS (Digital Theater Systems) said yesterday that the company has obtained a settlement in a trademark infringement lawsuit it brought against Mintek Digital, for distributing DVD players claiming DTS features without obtaining a license from DTS. | | | DTS said that it is aggressively looking to pursue companies which are using its trademarks without license. |
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http://www.socaltech.com/story/0000626.html
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| | Domain name, title tag and trademark infringement. |
| | All trademarks and copyrights held by respective owners. | | | Trademark infringement with the title tag and other areas. | | | For example: say xyz company has a trademark made up of keywords(not a famous company. |
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http://www.webmasterworld.com/forum25/1949.htm
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| | CIOL : News : Search engines onto trademark infringement? |
| | While no lawsuits have yet been filed to test the laws governing the issue, conference participants said they fully expect one in the future, since Google and Overture have the deep pockets that trial lawyers target. | | | Wendy Seltzer, staff attorney for the Electronic Frontier Foundation, agreed. | | | Google and Overture Services Inc. have in recent years seen explosive growth from their "paid listings" services, in which companies pay to have their ads run when Internet users key in certain search terms. |
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http://www.ciol.com/content/news/2003/103082004.asp
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| | NOVELINT - A Business Team to manage Trademark Infringement |
| | To consider a particular situation, there are certain requirements, information, and documents that are needed. | | | Notices of Infringement, if any (and responses, if any) | | | We put together a business team to enforce, litigate, recover and manage infringed trademarks. |
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http://www.novelint.com/trademarkinfringement.html
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