The United States Policy Regarding Trademarks Essay
A trademark is some type of symbol that points “distinctly to the origin or ownership of merchandise…and [is] legally reserved for the exclusive use of the owner” (in text). Oftentimes a trademark is confused with the related concept of a copyright; however, there is an important distinction between the two. Where a trademark is a representative symbol of merchandise origin, a copyright is “the sole legal right to reproduce, publish, sell, or distribute [merchandise]” (in text).
The purpose of the Trademark Law is to assign rights to the creator of the trademark to prevent competing businesses from using the trademark to divert consumers away from the original business. Essentially, the Trademark Law is meant to prevent consumers from being misled as to what product or service they are investing in. However, there are additional benefits to this law other than protection of the consumer.
Perhaps one of the most obvious benefits of the U.S. Trademark Law is the benefit it has on the legal system regarding cases that deal with issues of branding and copying. In the case of Longshore v. Retail Royalty Co., the Federal Circuit upheld the decision of the Trademark Trial and…