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Fair Use (U.S. Trademark Law)
In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair use doctrine in copyright. Fair use of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc. using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the owner. Courts have recognized that ownership of a trademark or service mark cannot be used to prevent others from using the word or symbol in accord with its plain and ordinary meaning, such as if the trademark is a descriptive word or common symbol such as a pine tree. As a result, the less distinctive or original the trademark, the less able the trademark owner will be to control how it is used. For the potentially infringing use of a trademark or service mark, fair ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apple, Inc
Apple Inc. is an American multinational technology company headquartered in Cupertino, California, United States. Apple is the largest technology company by revenue (totaling in 2021) and, as of June 2022, is the world's biggest company by market capitalization, the fourth-largest personal computer vendor by unit sales and second-largest mobile phone manufacturer. It is one of the Big Five American information technology companies, alongside Alphabet, Amazon, Meta, and Microsoft. Apple was founded as Apple Computer Company on April 1, 1976, by Steve Wozniak, Steve Jobs and Ronald Wayne to develop and sell Wozniak's Apple I personal computer. It was incorporated by Jobs and Wozniak as Apple Computer, Inc. in 1977 and the company's next computer, the Apple II, became a best seller and one of the first mass-produced microcomputers. Apple went public in 1980 to instant financial success. The company developed computers featuring innovative graphical user interfaces, inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apple
An apple is an edible fruit produced by an apple tree (''Malus domestica''). Apple fruit tree, trees are agriculture, cultivated worldwide and are the most widely grown species in the genus ''Malus''. The tree originated in Central Asia, where its wild ancestor, ''Malus sieversii'', is still found today. Apples have been grown for thousands of years in Asia and Europe and were brought to North America by European colonization of the Americas, European colonists. Apples have Religion, religious and mythology, mythological significance in many cultures, including Norse mythology, Norse, Greek mythology, Greek, and Christianity in Europe, European Christian tradition. Apples grown from seed tend to be very different from those of their parents, and the resultant fruit frequently lacks desired characteristics. Generally, apple cultivars are propagated by clonal grafting onto rootstocks. Apple trees grown without rootstocks tend to be larger and much slower to fruit after plantin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kodak
The Eastman Kodak Company (referred to simply as Kodak ) is an American public company that produces various products related to its historic basis in analogue photography. The company is headquartered in Rochester, New York, and is incorporated in New Jersey. Kodak provides packaging, functional printing, graphic communications, and professional services for businesses around the world. Its main business segments are Print Systems, Enterprise Inkjet Systems, Micro 3D Printing and Packaging, Software and Solutions, and Consumer and Film. It is best known for photographic film products. Kodak was founded by George Eastman and Henry A. Strong on May 23, 1892. During most of the 20th century, Kodak held a dominant position in photographic film. The company's ubiquity was such that its " Kodak moment" tagline entered the common lexicon to describe a personal event that deserved to be recorded for posterity. Kodak began to struggle financially in the late 1990s, as a result of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nominative Use
Nominative use, also "nominative fair use", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own. Nominative use may be considered to be either related to, or a type of "trademark fair use" (sometimes called "classic fair use" or "statutory fair use"). All "trademark fair use" doctrines, however classified, are distinct from the fair use doctrine in copyright law. However, the fair use of a trademark may be protected under copyright laws depending on the complexity or creativity of the mark as a design logo.Pratt, Jacqueline Levasseur. "Not All Is Fair (Use) in Trademarks and Copyrights." ''INTA Bulletin'', Vol 67, No 16. International Trademark Association, 15 September 2012. . 6 December 2015. The nominative use test essentially states that one party may use or refer to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Casio
is a Japanese multinational electronics manufacturing corporation headquartered in Shibuya, Tokyo, Japan. Its products include calculators, mobile phones, digital cameras, electronic musical instruments, and analogue and digital watches. It was founded in 1946, and in 1957 introduced the world's first entirely compact electronic calculator. It was an early digital camera innovator, and during the 1980s and 1990s, the company developed numerous affordable home electronic keyboards for musicians along with introducing the world's first mass-produced digital watches. History Casio was established as Kashio Seisakujo in April 1946 by Tadao Kashio ( 樫尾忠雄 1917–1993), an engineer specializing in fabrication technology. Kashio's first major product was the yubiwa pipe, a finger ring that would hold a cigarette, allowing the wearer to smoke the cigarette down to its nub while also leaving the wearer's hands free. Japan was impoverished immediately following World War II, so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Distinctiveness
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. "Descriptive" marks must acquire distinctiveness through secondary meaning—consumers have come to recognize the mark as a source indicator—to be protectable. "Generic" terms are used to refer to the product or service itself and cannot be used as trademarks. The spectrum of distinctiveness In United States trademark law, Abercrombie & Fitch Co. v. Hunting World 537 F.2d 4 (2nd Cir. 1976) established the spectrum of trademark distinctiveness in the US, breaking trademarks into classes which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rogers V
Rogers may refer to: Places Canada *Rogers Pass (British Columbia) *Rogers Island (Nunavut) United States * Rogers, Arkansas, a city * Rogers, alternate name of Muroc, California, a former settlement * Rogers, Indiana, an unincorporated community * Rogers, Kansas, an unincorporated community * Rogers, Kentucky, an unincorporated community * Rogers, Minnesota, a city * Rogers, Nebraska, a village * Rogers, New Mexico, an unincorporated community * Rogers, North Dakota, a city * Rogers, Ohio, a village * Rogers, Texas, a town * Rogers, Virginia, an unincorporated community * Petroleum, West Virginia, also known as Rogers, an unincorporated community * Rogers County, Oklahoma * Rogers Island (Connecticut) * Rogers Island (New York) * Rogers Brook, Pennsylvania * Rogers Corner, Michigan, an unincorporated community * Rogers Creek (Missouri) * Rogers Creek (Pennsylvania) * Rogers Island (Connecticut) * Rogers Island (New York) * Rogers Lake (other) * Mount Rogers, Virgini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Trademark Law
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the United States Patent and Trademark Office, U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some degree of federal protection under the Lanham Act 43(a). History United States law has protected trademarks under state common law since colonial times, but it wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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