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LSDefine

Simple English definitions for legal terms

infringement (of trademark)

Read a random definition: ignominy

A quick definition of infringement (of trademark):

Infringement (of trademark): When someone uses a logo or name that belongs to someone else without permission, it is called infringement. This is only allowed if the two logos or names are not too similar and won't confuse people. If the logos or names are too similar and could confuse people, the owner of the original logo or name can stop the other person from using it and sometimes get money for the damage caused. The law that governs trademarks is called the Lanham Act, and it allows the owner of a trademark to take legal action if someone uses their trademark without permission and causes confusion.

A more thorough explanation:

Definition: Infringement of trademark occurs when a person uses another's trademark or service mark without permission or uses a substantially similar mark on competing or related goods and services. The success of a lawsuit to stop the infringement depends on whether the defendant's use causes confusion in the average consumer. If a court determines that confusion is likely, the owner of the original mark can prevent the second user's use of the infringing mark and sometimes collect damages.

For example, if a company creates a logo that is very similar to another company's logo, and the logos are used on similar products, it could be considered trademark infringement. In the case of McLean v. Fleming, the court found trademark infringement for a pill that was not identical to a trademarked pill but was so substantially similar that it was "calculated to mislead and deceive."

Under the modern federal statutory regime, the Lanham Act governs federal trademarks. It allows an infringement action where any person, without the consent of the registrant, uses a reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.

While injunctive relief for the victim of trademark infringement is available, the Lanham Act takes steps to limit the injunctive actions courts may take. For example, in the case that the alleged infringer only prints the mark, the only injunctive relief available is to prevent future printing.

Overall, trademark infringement occurs when someone uses a trademark or service mark without permission or uses a substantially similar mark on competing or related goods and services, causing confusion for consumers. The Lanham Act governs federal trademarks and allows for legal action to be taken against infringers.

infringement (of copyright) | infringement (of utility patent)

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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