Likelihood of confusion is the fundamental test of both state common-law and statutory trademark infringement. Trademark infringement of a federally registered trademark under the Lanham Act (32(1)(a), 15 USCA 1114(1)(a)) is defined as: "Any person who shall, without the consent of the registrant (a) use in commerce any reproduction, counterfeit, copy or colorable imitation [...]
Trademark Unfair Competition It is basic public policy that free competition drives our economy. It follows that the "imitation" and “copying” of creative ideas and concepts is a very important part of a free market's success. Once ideas, concepts and inventions are in the public domain, they may be freely copied with limited exceptions. [...]
A generic trademark is when the name of the mark is the actual name for that product. Examples include: STRAWBERRY for strawberries, or LAW FIRM for a law firm, or TRADEMARK ATTORNEY for a Chicago trademark attorney. A generic term is not eligible for trademark registration . The reasoning is that to allow an individual the sole ability to [...]
