Using false designations of origin or misleading facts in commerce creates liability for damages and injunctions.
What is the liability for using a false designation of origin in commerce? Read More »
Injunctive relief is unavailable if it would delay the customary delivery of a newspaper or magazine issue.
When can an injunction be denied to a mark owner regarding infringing advertisements? Read More »
Imported or off-patent drugs do not infringe trademarks if their marks are untampered and legally permitted.
Are there trademark infringement exceptions for imported drugs and medicines? Read More »
Foreign corporations can sue for infringement or unfair competition even if not licensed to do business locally.
Courts can determine registration rights and order the cancellation or rectification of the trademark register.
What authority does a court have regarding the rectification of the trademark register? Read More »
Procuring a mark registration through false or fraudulent means makes the party liable for all resulting damages.
Clerks of court must notify the Director within one month of filing or judgment in trademark cases.
What are the notification duties of a clerk of court regarding suits involving marks? Read More »
Trade names contrary to public order or morals, or those that deceive the public, are prohibited.
When is a name or designation prohibited from being used as a trade name? Read More »
Trade names are legally protected against unlawful use by third parties even without official registration.
Are trade names protected even if they are not registered? Read More »
Transfer of a trade names ownership is only valid if the identified enterprise is also transferred.
How must the ownership of a trade name be transferred? Read More »
