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LSDefine

Simple English definitions for legal terms

infringement (of trademark)

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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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