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According to the U.S. Lanham Act, a trademark is generally a 'word, name, symbol, or device, or combination thereof' that is used to 'identify and distinguish...goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.' Similarly, a service mark identifies and distinguishes services, rather than goods. Trademark infringement occurs when a person, without permission, uses another person's trademark or service mark in a commercial manner that is likely to cause confusion among the public. Trademark dilution, a less common legal violation, occurs when a person uses another person's famous trademark commercially without permission if doing so dilutes the distinctive quality of the trademark, even if there is no likelihood of confusion. View all five works by Isenberg, Doug View all 132 works published by TECHWR-L |
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Isenberg, Doug TECHWR-L 2000
Abstract: According to the U.S. Lanham Act, a trademark is generally a 'word, name, symbol, or device, or combination thereof' that is used to 'identify and distinguish...goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.' Similarly, a service mark identifies and distinguishes services, rather than goods. Trademark infringement occurs when a person, without permission, uses another person's trademark or service mark in a commercial manner that is likely to cause confusion among the public. Trademark dilution, a less common legal violation, occurs when a person uses another person's famous trademark commercially without permission if doing so dilutes the distinctive quality of the trademark, even if there is no likelihood of confusion.
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