What qualifies as “public performance”?
Public performance involves acting or playing works in places accessible to people outside a private family circle.
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What is the definition of “published works”?
Published works are those made available to the public with the author’s consent for individual access.
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What is “rental” in the context of intellectual property?
Rental is the profit-motivated transfer of a works possession for a specific, limited timeframe.
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How is purchaser motivation treated in determining if a mark has become generic?
The test for a generic mark is its significance to the public, not why a purchaser bought it.
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Can a petition for cancellation be filed for only a portion of the goods for which a mark is registered?
A petition can target specific goods for cancellation if the mark has only become generic for those items.
What is the effect of an earlier filed petition to cancel a mark on a subsequent enforcement action?
An earlier cancellation petition does not stop a court from deciding a separate action to enforce mark rights.
Does a change in the form of a mark diminish the protection granted to it?
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 »
What documents can a court impound during an infringement action?
Courts may impound sales invoices and other transaction records during the course of an infringement lawsuit.
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What happens to the means of making infringing materials, such as plates and molds?
Courts can order the destruction of all tools and equipment used to produce infringing or counterfeit marks.
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How is knowledge of registration presumed for the purpose of recovering damages?
Displaying “Registered Mark” or the letter R in a circle creates a legal presumption of knowledge for damages.
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