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Defensive Trademark
Trademark dilution is a trademark law concept giving the owner of a famous trademark Standing (law), standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be ''diluted'' if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks. With a non-famous mark, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use: it is highly unlikely a likelihood of confusion will be found if the products or services are in unrelated markets. With a ... [...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 proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native American Mascot Controversy
Since the 1960s, the issue of Native American and First Nations names and images being used by sports teams as mascots has been the subject of increasing public controversy in the United States and Canada. This has been a period of rising Indigenous civil rights movements, and Native Americans and their supporters object to the use of images and names in a manner and context they consider derogatory. They have conducted numerous protests and tried to educate the public on this issue. In response since the 1970s, an increasing number of secondary schools have retired such Native American names and mascots. Changes accelerated in 2020, following public awareness of institutional racism prompted by nationally covered cases of police misconduct. National attention was focused on the prominent use of names and images by professional franchises including the Washington Commanders (Redskins until July 2020) and the Cleveland Guardians (Indians until November 2021). In Canada, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disparagement
Disparagement, in United States trademark law, was a statutory cause of action that permits a party to petition the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) to cancel a trademark registration that "may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute." In 2017, the Supreme Court struck down the disparagement provision as unconstitutional in ''Matal v. Tam''. Determination The PTO used a two-step test to determine whether the likely meaning of a mark used in connection with goods and services is disparaging to a group of people: # Would the mark be understood, in its context, as referring to an identifiable group of people? # May that reference be perceived as disparaging to a substantial composite of that group? According to Trademark Manual of Examining Procedure §1203.03(b)(i), “If that meaning is found to refer to identifiable p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Generic Trademark
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark's owner. A trademark is said to become ''genericized''—or, informally, to have suffered ''genericide''—when it begins as a distinctive product identifier but changes in meaning to become generic. This typically happens when the products or services which the trademark is associated with have acquired substantial market dominance or mind share, such that the primary meaning of the genericized trademark becomes the product or service itself rather than an indication of source for the product or service. A trademark thus popularised has its legal protection at risk in some countries such as the United States and United Kingdom, as its intellectual property rights in the trademark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Second Circuit Court Of Appeals
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Starbucks Corporation
Starbucks Corporation is an American multinational chain of coffeehouses and roastery reserves headquartered in Seattle, Washington. It is the world's largest coffeehouse chain. As of November 2021, the company had 33,833 stores in 80 countries, 15,444 of which were located in the United States. Out of Starbucks' U.S.-based stores, over 8,900 are company-operated, while the remainder are licensed. The rise of the second wave of coffee culture is generally attributed to Starbucks, which introduced a wider variety of coffee experiences. Starbucks serves hot and cold drinks, whole-bean coffee, micro-ground instant coffee, espresso, caffe latte, full and loose-leaf teas, juices, Frappuccino beverages, pastries, and snacks. Some offerings are seasonal, or specific to the locality of the store. Depending on the country, most locations provide free Wi-Fi internet access. Company overview Starbucks was founded in 1971 by Jerry Baldwin, Zev Siegl, and Gordon Bowker at Seattle' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moseley V
Moseley is a suburb of south Birmingham, England, south of the city centre. The area is a popular cosmopolitan residential location and leisure destination, with a number of bars and restaurants. The area also has a number of boutiques and other independent retailers. It is located within the Moseley and Kings Heath Ward of the city, in the constituency of Hall Green. Historically it lay within Worcestershire. History Moseley was listed in the Domesday Book of 1086 as Museleie. St. Mary's Church, Moseley was licensed by the Bishop of Worcester (authorised by Pope Innocent VII) in February 1405, and the 600th anniversary was celebrated in 2005 with a series of special events. In 2012 the church bells which had been named as the worst sounding in the country were replaced. Moseley itself developed around a Victorian shopping area known as ''Moseley Village''. Moseley Hall was rebuilt in parkland in the late 1700s and rebuilt by 1795 after being set on fire during rioting i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Dilution Revision Act
The Trademark Dilution Revision Act of 2006 (H.R. 683, ) was a law passed in the United States covering trademark law, and specifically dealt with trademark dilution. The act amended the Trademark Act of 1946 and the later Federal Trademark Dilution Act, and was passed through the United States House of Representatives on April 19, followed by the Senate (who amended it) on March 8. It was signed into law by the then-President George W. Bush on October 6, 2006. It was primarily designed to overturn the U.S. Supreme Court decision in ''Moseley v. V Secret Catalogue, Inc.'', which had specified a need to show ''actual'' trademark dilution, rather than the likelihood of dilution. It also amended U.S. law in this area in a few other ways. It limited protection from trademark dilution to those recognized by a member of the general public, rather than one in a niche market, for example an area relevant to either or both products. It also amended the fair use Fair use is a doctrine ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Panavision
Panavision is an American motion picture equipment company founded in 1953 specializing in cameras and lenses, based in Woodland Hills, California. Formed by Robert Gottschalk as a small partnership to create anamorphic projection lenses during the widescreen boom in the 1950s, Panavision expanded its product lines to meet the demands of modern filmmakers. The company introduced its first products in 1954. Originally a provider of CinemaScope accessories, the company's line of anamorphic widescreen lenses soon became the industry leader. In 1972, Panavision helped revolutionize filmmaking with the lightweight Panaflex 35 mm movie camera. The company has introduced other cameras such as the Millennium XL (1999) and the digital video Genesis (2004). Panavision operates exclusively as a rental facility—the company owns its entire inventory, unlike most of its competitors. Early history Robert Gottschalk founded Panavision in late 1953, in partnership with Richard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accounta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pana, Illinois
Pana is a small town in Christian County, Illinois, United States. A small portion is in Shelby County. The population was 5,199 at the 2020 census. History The area around Pana was first organized as Stone Coal Precinct in 1845. The county's precincts became townships in 1856, and Stone Coal Precinct became Pana Township, Christian County, Illinois. In 1856, the village of Pana was incorporated. The name "Pana" is believed to have been derived from the indigenous tribe, the Pawnee. It developed at the intersection of east–west and north–south railroads, and had supplies of fuel and water for the steam engines of the railroad. This became a center of coal mining in the late 19th and early 20th centuries. In April 1899 what is known as the Pana riot broke out after a violent confrontation between black and white miners. Initially a white man was killed (by a policeman, it was later discovered), and white union miners attacked black replacement workers who had been recrui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dennis Toeppen
Dennis Toeppen (born 1964) is an American entrepreneur and was the owner of a litigious bus company Suburban Express. He was a party to two cases of first impression relating to domain name registration. Early life and education Dennis Eric Toeppen grew up in Mount Prospect, Illinois. He graduated from Prospect High School in 1982 and enrolled at the University of Illinois at Urbana–Champaign, majoring in electrical engineering. He later changed his major to business, and graduated in 1987. Thereafter, he attended the University of Illinois at Urbana–Champaign, Northwestern University and the University of Chicago. Domain registration & trademark litigation In 1995, Toeppen registered about 200 internet domain names including some which were similar to well known companies and popular trademarks. Some of them included panavision.com (Panavision), deltaairlines.com (Delta Air Lines), neiman-marcus.com (Neiman Marcus), eddiebauer.com (Eddie Bauer) and yankeestadium.com (New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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