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Principal Register
In United States trademark law, the Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office. It is governed by Subchapter I of the Lanham Act. Having a mark registered under the Principal Register confers certain benefits on the holder of the mark. Among them are: * Nationwide constructive use and constructive notice, which cuts off rights of other users for similar marks * The possibility of achieving incontestable status after five years (which cuts off certain defenses of potential infringement defendants) * The right to bring a federal cause of action for infringement without regard to diversity or amount in controversy * The right to request U.S. Customs and Border Protection officials to bar importation of goods bearing infringing trademarks * Provisions for treble damages In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensato ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the funct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery (tort), battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleading, pleads or allegation, alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the Legal remedy, remedy (t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diversity Jurisdiction
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts, U.S. federal courts the power to hear lawsuits that do not involve a federal question jurisdiction, federal question. For a U.S. federal court to have diversity jurisdiction over a lawsuit, two conditions must be met. First, there must be "diversity of citizenship" between the parties, meaning the plaintiffs must be citizens of different U.S. states than the defendants. Second, the lawsuit's "amount in controversy" must be more than $75,000. If a lawsuit does not meet these two conditions, U.S. federal courts will normally lack the power to hear it unless it involves a federal question, and the lawsuit would need to be heard in state court instead. The United States Constitution, in Article III of the United States Constitution#Section 2: Judicial power, jurisdiction, and trial by jury, Article III, Section 2, grants United States Congress, Con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amount In Controversy
Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount (or below a certain maximum amount) before that court may hear the case. United States In federal courts Diversity jurisdiction In United States federal courts, the term currently applies only to cases brought under diversity jurisdiction, meaning that the court is able to hear the case only because it is between citizens of different states. In such cases, the U.S. Congress has decreed in 28 U.S.C. § 1332(a) that the court may hear such suits only where "the matter in controversy exceeds the sum or value of $75,000." This amount represents a significant increase from earlier years. Congress first established the amount in controversy requirement when it created diversity jurisdiction in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treble Damages
In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Treble damages are a multiple of, and not an addition to, actual damages in some instances. On occasion, however, as in California Civil Code § 1719, they are additive. When such damages are multiplicative and a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300. Some statutes mandate awards of treble damages for all violations. Examples of statutes with mandatory treble damages provisions are the Clayton Antitrust Act and RICO. Some statutes allow for an award of treble damages only if there is a showing that the violation was willful. For example, "up to three times the amount found or assessed" may be awarded by a court in the United States for willful patent infringement. The idea behind the creation of such damages is that they wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney Fees
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that when lawyers charge a flat-fee rather than billing by the hour, they work less hard on behalf of clients and clients get worse outcomes. Attorney fees are separate from fines, compensatory and punitive damages, and (except in Nevada) from court costs in a legal case. Under the " American rule", attorney fees are usually not paid by the losing party to the winning party in a case, except pursuant to specific statutory or contractual rights. Overview The phrase is a legal term of art in American jurisprudence (in which lawyers are collectively referred to as "attorneys", a wording practice not found in most other legal systems). Attorney's fees (or attorneys' fees, depending upon number of attorneys involved, or simplified to attorney fees) are th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supplemental Register
In United States trademark law, the Supplemental Register is the secondary register of trademarks maintained by the United States Patent and Trademark Office. It was established in 1946 by Subchapter II of the Lanham Act, to allow the domestic registration of trademarks that do not meet all the requirements for registration on the Principal Register, so that the holder(s) of such a mark could register it in another country. This was necessary because under the Paris Convention for the Protection of Industrial Property foreign registration was not permitted in the absence of domestic registration, and the trademark laws of countries outside the U.S. often have less stringent registration requirements for marks. The only requirement for registration on the Supplemental Register is that a mark be ''capable'' of distinguishing goods or services, not that it ''actually serve'' such a function. Owners of the registrations on the Supplemental Register are still permitted to sue for tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Information Institute
The Legal Information Institute (LII) is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online alaw.cornell.edu The organization is a pioneer in the delivery of legal information online. Founded in 1992 by Peter Martin and Tom Bruce, LII was the first law site developed on the internet. LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules, and a variety of other American primary law materials.. LII also provides access to other national and international sources, such as treaties and United Nations materials. According to its website, the LII serves over 40 million unique visitors per year. Since its inception, the Legal Information Institute has inspired others around the world to develop namesake operations. These services are part of the Free Access to Law Movement. His ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
