The test for a generic mark is its significance to the public, not why a purchaser bought it.
How is purchaser motivation treated in determining if a mark has become generic? Read More »
A petition can target specific goods for cancellation if the mark has only become generic for those items.
An earlier cancellation petition does not stop a court from deciding a separate action to enforce mark rights.
Using a mark in a slightly different form does not reduce its protection or cause its cancellation.
Does a change in the form of a mark diminish the protection granted to it? Read More »
Courts may impound sales invoices and other transaction records during the course of an infringement lawsuit.
What documents can a court impound during an infringement action? Read More »
Courts can order the destruction of all tools and equipment used to produce infringing or counterfeit marks.
What happens to the means of making infringing materials, such as plates and molds? Read More »
Displaying “Registered Mark” or the letter R in a circle creates a legal presumption of knowledge for damages.
How is knowledge of registration presumed for the purpose of recovering damages? Read More »
Innocent printers are only subject to injunctions and are protected from damage claims for printing infringing materials.
Can an innocent infringer engaged solely in printing be subject to a claim for damages? Read More »
Businesses possess protected property rights in their goodwill, which is the public’s identification of their unique services.
What constitutes the property right in the “goodwill” of goods or services? Read More »
Passing off goods as those of another through deception or bad faith is defined as unfair competition.
What is the legal definition of unfair competition? Read More »
