Trademark Infringement

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Trademarks – Copying and Imitation in the Marketplace

In our competitive free economy, copying and imitating business concepts and market trends in the public domain is the general rule, protected intellectual property (e.g., trademark, copyright, patent) is the exception. Copying and Imitation as Fair Competition "The Creative Commons proposed in 2010 the Public Domain Mark (PDM) as symbol to indicate that a work [...]

Trademarks – Copying and Imitation in the Marketplace2021-02-11T16:28:58+00:00

Trademark Unfair Competition

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.  [...]

Trademark Unfair Competition2021-02-11T15:38:00+00:00

Trademarks – What is Fair Use?

As our Charleston trademark attorneys have expressed throughout the trademark sections of this site, the core function of a trademark for any business is to serve as an exclusive identifier of the source of a products, good or service.  One of the most important trademark benefits enjoyed by a business or entrepreneurs holding a registered [...]

Trademarks – What is Fair Use?2020-02-18T21:14:24+00:00

Trademark Infringement and Likelihood of Confusion

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 [...]

Trademark Infringement and Likelihood of Confusion2020-02-18T21:14:24+00:00