United States trademark law

The United States policy regarding trademarks, known officially as the U.S. Trademark Law, is incredibly important to the way American society functions on a daily basis. Not only does the law encourage competitive business, but it also plays an important role in both American culture and the legal system. 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,…

This memorandum is intended to give a broad overview of the federal trademark registration process. The entire process will usually take around one to two years from the initial filing to receiving the federal trademark. This timetable is affected by a plethora of factors such as possible objections from the USPTO or third parties and the number of applications filed before that are still in the process. Usually the following steps are included in the process: Searching and clearance, Preparing…

In the case of product design here, Nabonko is producing a product that looks extremely similar to PR’s GoldenFish, there is a case for infringement because of likelihood of confusion. Likelihood of confusion exists when the goods produced by the infringer compete for sales with those of the trademark owner. Infringement will be found if the marks are sufficiently similar that confusion can be expected. Under the Sleekcraft decision, there are eight factors to examine when comparing the two…

Case: Vanna WHITE (Plaintiff) v. SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation, and David Deutsch Associates, Inc., a New York corporation (Defendants) Citation: 971 F.2d 1395 (Case Brief Document) Procedural History (what happened in the case): Samsung Electronics America Inc. and David Deutsch Associates Inc., Defendants, were sued by Vanna White, Plaintiff, because Defendants used a robot likeness of Plaintiff in a series of advertisements without Plaintiff’s consent or monetary…

49350 - Yourbrandsucks.com: Gripe Sites and Trademark or Copyright Infringement Complaining and poking fun seem to be a way of life for many. And, this passion of complaint and satire birth gripe sites across the web. The resulting mix produces foggy legal understandings and ramifications. Finding clarity through key cases helps resolve some of the gray. A working definition of such websites, according to Leonard Goodman of Kassel, Brock & Blackwell, LLP, states that a gripe site criticizes…

How has US Patent Law influenced Innovation? Technology has sculpted and carved the legacy of the United States. Early agricultural gadgets, stemmed American Agriculture. Cities and capitals of commerce were forged by the advancement of industrial factories. Computerization and expansion of invention has, “given rise to a nation of services” (Thompson). Fears of a future “World Without Work” have spurned from an exponential development of these technologies, but concerns have arisen that a…

When patents on genes were first granted it stirred up quite a controversy, since then there have been quite a bit of papers that support and oppose gene patenting. In their respective articles, Michael Crichton and John E. Calfee both discuss the controversial topic of gene patents; however Crichton is against gene patents and Calfee is for gene patents as an economist and brings up the pros of gene patents in his article. In their articles both of them talk about obtaining a patent from the…

Crichton and John E. Calfee both discuss the topic of gene patents in their respective articles, “Patenting Life” and “Decoding The Use Of Gene Patents.” However, the similarities end there as their opinions are the direct opposite of one another, with Crichton expressing extreme displeasure at the idea of gene patenting while Calfee is in support of the practice. Firstly, Crichton believes the patenting of genes as a whole to be a mistake. He believes the practice to be a result of the United…

In 1897, Pearle Wait was finally able to perfect the simple gelatin dessert, it was taking years to master. His wife May David Wait gave it its name as what we know now, Jell-O. Wait then sold his company for $450 dollars to Frank Woodwark, because Wait didn’t have the funding for marketing and distributing his product. Success in the advertising campaigns finally began to rise in 1902 due to William E. Humelbaugh. In 1904, they launched the printed portion of their advertising and created “best…

Law is a service to the world, a way to better England 's economic status and provide people with jobs. Law is everywhere; a collection of rules which by each individual country conforms too and each country have their own collection. By choosing to study Law I am hoping to gain a thorough understanding of how the law system works in this country, how it plays part on a day to day basis and in order for me to gain fundamental skills to fulfil my aspirations of working within corporate law.…