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Trademark Infringement,Types of Trademark Infringements and Remedies of Infringement
- 1. Confidential Customized for Lorem Ipsum LLC Version 1.0 TRADEMARK INFRINGEMENT
- 2. TRADEMARK INFRINGEMENT???? WHAT IS IT? Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.
- 3. In India…. Infringement of a trademark in India means a violation of the exclusive rights that are granted to the proprietor registered under the Trade Marks Act, 1999. The rights that are violated are those which are granted in relation to goods and services.
- 6. direct infringement. 1. Unauthorized person – this means a person who is not the owner or the licensee of the registered trademark. 2. 'Identical' or 'Deceptively similar '– the test for determining whether marks are identical or not is by determining whether there is a chance for a likelihood of confusion among the public. If the consumers are likely to get confused between the two marks then there is an infringement. 3. Registered Trademark – You can only infringe a registered trademark. For an unregistered Trademark, the common law concept of passing off will apply. 4. Goods/ Services – In order to establish infringement even the goods/ services of the infringer must be identical with or similar to the goods that the registered Trademark represents. Any unauthorized use of the exclusive statutory rights of a registered trademark constitutes infringement. The infringement explained above is direct infringement. There is another aspect to trademark infringement in India, i.e. indirect infringement.
- 8. Eclairs: Cadbury’s or Everyone’s.(ITC) Louis Vuitton v. Louis Vuiton Dak Adidas v. Forever21.(Brand of triple strip) Rowling vs. Stouffer.(J.K. Rowling and Nancy Stouffer) T-Mobile owns the colour MAGENTA. WWF v WWF. Motorola v. Xoom Corp. Victoria Beckham vs Peterborough FC(posh spice vs posh).
- 10. .In 2008, an initiative called “GreeNYC” used a green apple logo, which Apple tried to block. The case was dismissed and the logo was allowed to be used. .Again in 2008, Apple sent a cease-and-desist letter to a college in British Columbia that used an apple outline for their logo. Three years later, the college changed not just the logo, but their name as well. .In 2009, Apple tried to block Australian company Woolworths from changing to a new green logo that used a stylized apple. Woolworths removed a portion of their trademark, and continues to use the logo. Apple’s lawsuits on logo
- 12. Marvel and DC Comics Control of 'Superhero' BackRub » Google Research in Motion » Blackberry Tokyo Tsushin Kogyo » Sony Computing Tabulating Recording Corporation » IBM Pete’s Super Submarines » SUBWAY Stag Party » Playboy Jerry’s Guide to the World Wide Web » Yahoo