Initial Interest Confusion
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Initial Interest Confusion
Initial interest confusion is a legal doctrine under trademark law that permits a finding of infringement when there is temporary confusion that is dispelled before the purchase is made. Generally, trademark infringement is based on the likelihood of confusion for a consumer in the marketplace. This likelihood is typically determined using a multi-factor test that includes factors like the strength of the mark and evidence of any actual confusion. However, trademark infringement that relies on Initial interest confusion does not require a likelihood of confusion at the time of sale; the mark must only capture the consumer's initial attention. A noteworthy hypothetical example of Initial interest confusion, first discussed in '' Brookfield v West Coast Entertainment'',''Brookfield Communications Inc. v. West Coast Entertainment Corporation''174 F.3d 1036 (9th Cir. 1999). involves two video stores. West Coast Video's competitor, Blockbuster Video, puts a billboard on a stretch of hig ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Mobil
Mobil is a petroleum brand owned and operated by American oil and gas corporation ExxonMobil. The brand was formerly owned and operated by an oil and gas corporation of the same name, which itself merged with Exxon to form ExxonMobil in 1999. A direct descendant of Standard Oil, Mobil was originally known as the Standard Oil Company of New York (shortened to Socony) after Standard Oil was Standard Oil Co. of New Jersey v. United States, split into 34 different entities in a 1911 Supreme Court decision. Socony merged with Vacuum Oil Company, from which the Mobil name first originated, in 1931 and subsequently renamed itself to Socony-Vacuum Oil Company. Over time, Mobil became the company's primary identity, which incited another renaming in 1963, this time to Mobil Corporation. Mobil credits itself with being the first company to introduce Pay at the pump, paying at the pump at its gas stations, the first company to produce jet aviation fuel, as well as the first company to intr ...
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Google, Inc
Google LLC () is an American multinational technology company focusing on search engine technology, online advertising, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. It has been referred to as "the most powerful company in the world" and one of the world's most valuable brands due to its market dominance, data collection, and technological advantages in the area of artificial intelligence. Its parent company Alphabet is considered one of the Big Five American information technology companies, alongside Amazon, Apple, Meta, and Microsoft. Google was founded on September 4, 1998, by Larry Page and Sergey Brin while they were PhD students at Stanford University in California. Together they own about 14% of its publicly listed shares and control 56% of its stockholder voting power through super-voting stock. The company went public via an initial public offering (IPO) in 2004. In 2015, Google was reorg ...
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Marsha Berzon
Marsha Lee Berzon ( Siegel; born April 17, 1945) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Education and legal training Berzon graduated with a Bachelor of Arts degree from Radcliffe College of Harvard University in 1966 and received a Juris Doctor from Boalt Hall School of Law at the University of California, Berkeley in 1973. While at law school, Berzon was a contributor to the ''California Law Review''. She then clerked for Judge James R. Browning of the Ninth Circuit from 1973 to 1974. Berzon then clerked for Justice William J. Brennan Jr. of the United States Supreme Court. She was Brennan's first female law clerk. Career Berzon was in private practice in Washington, D.C. from 1975 to 1977 and then moved to San Francisco, California where she practiced from 1978 to 2000. Berzon had a unique Supreme Court litigation practice and litigated many of the landmark cases during that period. Berzon was also a lectur ...
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Search Engine
A search engine is a software system designed to carry out web searches. They search the World Wide Web in a systematic way for particular information specified in a textual web search query. The search results are generally presented in a line of results, often referred to as search engine results pages (SERPs). When a user enters a query into a search engine, the engine scans its index of web pages to find those that are relevant to the user's query. The results are then ranked by relevancy and displayed to the user. The information may be a mix of links to web pages, images, videos, infographics, articles, research papers, and other types of files. Some search engines also mine data available in databases or open directories. Unlike web directories and social bookmarking sites, which are maintained by human editors, search engines also maintain real-time information by running an algorithm on a web crawler. Any internet-based content that can't be indexed and searched ...
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Domain Name
A domain name is a string that identifies a realm of administrative autonomy, authority or control within the Internet. Domain names are often used to identify services provided through the Internet, such as websites, email services and more. As of 2017, 330.6 million domain names had been registered. Domain names are used in various networking contexts and for application-specific naming and addressing purposes. In general, a domain name identifies a network domain or an Internet Protocol (IP) resource, such as a personal computer used to access the Internet, or a server computer. Domain names are formed by the rules and procedures of the Domain Name System (DNS). Any name registered in the DNS is a domain name. Domain names are organized in subordinate levels (subdomains) of the DNS root domain, which is nameless. The first-level set of domain names are the top-level domains (TLDs), including the generic top-level domains (gTLDs), such as the prominent domains com, info, net ...
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Meta Element
Meta elements are tags used in HTML and XHTML documents to provide structured metadata about a Web page. They are part of a web page's head section. Multiple Meta elements with different attributes can be used on the same page. Meta elements can be used to specify page description, keywords and any other metadata not provided through the other head elements and attributes. The meta element has two uses: either to emulate the use of an HTTP response header field, or to embed additional metadata within the HTML document. With HTML up to and including HTML 4.01 and XHTML, there were four valid attributes: content, http-equiv, name and scheme. Under HTML 5, charset has been added and scheme has been removed. http-equiv is used to emulate an HTTP header, and name to embed metadata. The value of the statement, in either case, is contained in the content attribute, which is the only required attribute unless charset is given. charset is used to indicate the character set of the docu ...
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Cybersquatting
Cybersquatting (also known as domain squatting) is the practice of registering, trafficking in, or using an Internet domain name, with a bad faith intent to profit from the goodwill of a trademark belonging to someone else. The term is derived from " squatting", which is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent, or otherwise have permission to use. Terminology In popular terms, “cybersquatting” is the term most frequently used to describe the deliberate, bad faith abusive registration of a domain name in violation of trademark rights. However, precisely because of its popular currency, the term has different meanings to different people. Some people, for example, include “warehousing,” or the practice of registering a collection of domain names corresponding to trademarks with the intention of selling the registrations to the owners of the trademarks, within the notion of cybersquatting, while others distingui ...
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Pegasus
Pegasus ( grc-gre, Πήγασος, Pḗgasos; la, Pegasus, Pegasos) is one of the best known creatures in Greek mythology. He is a winged divine stallion usually depicted as pure white in color. He was sired by Poseidon, in his role as horse-god, and foaled by the Gorgon Medusa. He was the brother of Chrysaor, born at a single birthing when his mother was decapitated by Perseus. Greco-Roman poets wrote about his ascent to heaven after his birth and his obeisance to Zeus, king of the gods, who instructed him to bring lightning and thunder from Olympus (mythology), Olympus. Pegasus is the creator of Hippocrene, the fountain on Mount Helicon. He was captured by the Greek hero Bellerophon, near the fountain Pirene (fountain), Peirene, with the help of Athena and Poseidon. Pegasus allowed Bellerophon to ride him in order to defeat the monster Chimera (mythology), Chimera, which led to many more exploits. Bellerophon later fell from Pegasus's back while trying to reach Mount Olym ...
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Lloyd F
Lloyd, Lloyd's, or Lloyds may refer to: People * Lloyd (name), a variation of the Welsh word ' or ', which means "grey" or "brown" ** List of people with given name Lloyd ** List of people with surname Lloyd * Lloyd (singer) (born 1986), American singer Places United States * Lloyd, Florida * Lloyd, Kentucky * Lloyd, Montana * Lloyd, New York * Lloyd, Ohio * Lloyds, Alabama * Lloyds, Maryland * Lloyds, Virginia Elsewhere * Lloydminster, or "Lloyd", straddling the provincial border between Alberta and Saskatchewan, Canada Companies and businesses Derived from Lloyd's Coffee House *Lloyd's Coffee House, a London meeting place for merchants and shipowners between about 1688 and 1774 * Lloyd's of London, a British insurance market ** ''Lloyd's of London'' (film), a 1936 film about the insurance market ** Lloyd's building, its headquarters ** Lloyd's Agency Network * ''Lloyd's List'', a website and 275-year-old daily newspaper on shipping and global trade ** ''Lloyd's List Int ...
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Trademark Infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action ...
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William Homer Timbers
William Homer Timbers (September 5, 1915 – November 26, 1994) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and previously was a United States district judge of the United States District Court for the District of Connecticut. In addition to his legal and judicial career, Timbers was known as dog enthusiast who served a term as chairman of the board of the American Kennel Club. Education and career Timbers was born on September 5, 1915, in Yonkers, New York.William H. Timbers
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