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5. Trademarks
Subject Matter
Scope of Protection
Loss of Trademark Rights
Mechanics of Registration
Trademark Usage
Infringement
6. Proper Use of a Trademark
Use It As an Adjective, Not a Noun
Use Appropriate Symbol:
®
TM
SM
Protect It:
Many Valuable Marks Have Become Generic
7. Trademarks
Subject Matter
Scope of Protection
Loss of Trademark Rights
Mechanics of Registration
Trademark Usage
Infringement
8. Trademark Infringement:
Likelihood of Confusion
Trademark Infringement theory works well
only in limited instances because it requires
proof of “likelihood of confusion.”
Likelihood of confusion generally focuses on
such issues as strength of mark, similarity of
mark, similarity of goods or services,
channels of trade, and evidence of actual
confusion. See Polaroid Corp. v. Polaroid
Elecs. Corp., 287 F.2d 492, 495 (2nd Cir.
1961).
9. Likelihood of confusion can be hard to prove
in a cybersquatting case. One is not likely to
confuse a pornographic web site called
adida.com with the genuine Adidas website.
Courts have also not unanimously embraced
the notion that a domain name serves a
trademark function – even if it incorporates
a trademark.
Trademark Infringement:
Likelihood of Confusion
10. Trademark Infringement
Elements Of Cause of Action:
(1) Validity and protectability of the mark
(2) Ownership of the mark
(3) Likelihood of confusion
Registration is prima facie evidence of (1)
and (2).