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Trademarks, Metatags, and Initial Interest Confusion: a Look to the Past to Re- Conceptualize the Future
173 TRADEMARKS, METATAGS, AND INITIAL INTEREST CONFUSION: A LOOK TO THE PAST TO RE- CONCEPTUALIZE THE FUTURE CHAD J. DOELLINGER* INTRODUCTION Web sites, through domain names and metatags, have created a new set of problems for trademark owners. A prominent problem is the use of one’s trademarks in the metatags of a competitor’s web site. The initial interest confusion doctrine has been used to combat this problem.1 Initial interest confusion involves infringement based on confusion that creates initial customer interest, even though no transaction takes place.2 Several important questions have currently received little atten- tion: How should initial interest confusion be defined? How should initial interest confusion be conceptualized? How much confusion is enough to justify a remedy? Who needs to be confused, when, and for how long? How should courts determine when initial interest confusion is sufficient to support a finding of trademark infringement? These issues have been glossed over in the current debate by both courts and scholars alike. While the two seminal opinions involving the initial interest confusion doctrine, Brookfield Commun., Inc. v. West Coast Ent. Corp.3 and * B.A., B.S., University of Iowa (1998); J.D., Yale Law School (2001). Mr. Doellinger is an associate with Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, 311 S. Wacker Drive, Chicago, Illinois 60606. The author would like to thank Uli Widmaier for his assistance and insights. The views and opinions in this article are solely those of the author and do not necessarily reflect those of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson. 1 See J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition, vol. -
Trademark Public Search in India Faqs – Part 2
Trademark public search in India FAQs – Part 2 Continuing with our article on FAQs on trademark public search in India, we present you second part on FAQs related to trademark search in India. Q – Why trademark public search is important? A – Trademark search is one of the most important steps in trademark registration. A through trademark search can prevent your brand name being infringed and reduces risk of loosing a brand name due to a inadequate trademark search. Q – Can you do trademark search on your own? A – Yes, you can perform trademark public search on your own. You can check our guide on step by stepIPIndia trademark search. Though, it is always advised to take help of external professional service providers for trademark public search as it tend to be more professional and less time consuming. Q – When should you do a TM Search? A – Ideally, trademark public search should be done before filing a application for a trademark registration. You don’t want your application to be rejected by examiner due to lack of or incomplete trademark search. Moreover, search should also be conducted post registration of trademark also. As this step would make sure that your registered trademark is not being used by someone else. Q – How to do trademark search? A – Trademark search can be performed with help of different databases such as IPIndia trademark portal, Ministry of corporate affairs, common law database and Madrid system. You should collect information related to each keyword and formulate a decision matrix to outline chances of your selected trademark getting through examination. -
Ethical Considerations for Trademark Lawyers
Ethical Considerations for Trademark Lawyers by Stephen W. Feingold, Jessica N. Cohen and Meredith A. Carlo New York, NY* I. Introduction Lawyers serve many roles, including fiduciary, counselor, mediator and advocate. In these roles, lawyers interact with clients, other lawyers, judges and the public. To maintain the integrity of the profession, lawyers must adhere to certain standards of professional responsibility in each of these roles. Although the terms “professional responsibility,” “morality,” and “ethics” are often used interchangeably, it is important to recognize that a lawyer’s duty to adhere to certain standards of professional responsibility reaches beyond mere ethical obligations. Professional responsibility is a body of law, the violation of which may expose a lawyer to substantial sanctions and may threaten his or her reputation, license and livelihood. Like many areas of law, the law governing a lawyer’s professional responsibilities is dynamic and rapidly changing. Understanding this area of law is challenging because a lawyer does not have only one set of ethical rules to follow. Instead, the law of professional responsibility is a complex blend of court rules, judicial decisions, statutes and other authorities. This chapter is limited to a review of the ethical rules applicable in the U.S. Lawyers in the U.S. should not assume that these ethical obligations are universal and, in fact, the ethical rules can vary significantly from one country to the next. For instance, in some jurisdictions it is not unethical for an attorney who represents two companies that have a dispute to represent one against the other. The only way for a client to avoid this possibility in such a jurisdiction would be through the terms and conditions of the engagement letter. -
Protecting Your Idea This Guide Is Designed to Help Small Business Owners Make Informed Decisions Regarding Their Trademarks, Service Marks, Copy Right & Patents
Protecting Your Idea This guide is designed to help small business owners make informed decisions regarding their trademarks, service marks, copy right & patents. Trademark & Service Mark A trademark (also known as a brand name) is used to distinguish physical products while a service mark identifies a service such as a financial service, advertising, etc. Trademark or service mark rights can be established by: • Simply starting to use the mark, but the rights are limited to that state; • Applying for a federal registration for use nationwide. The designation "TM" for trademark and "SM" for service mark is used with the name when the mark is not federally registered. ® or "Reg. U.S. Pat. & Tm.Off." means the mark is federally registered. Where a mark is not likely to be used in interstate or foreign commerce, one should consider a state registered mark, it is quick and inexpensive to register. Federal registration provides nationwide priority rights and offers federal court protection against infringement. In international trade, the mark must be registered on a country by country basis. To register a trademark or service mark in New York State, contact: NY State Dept. of State-Division of Corporation and State Records, Albany (518) 474-4770. To register a mark federally, Please contact: U.S. Patent & Trademark Office/U.S. Department of Commerce Washington, D. C. 20231 (800) 786-9199 Website: http://www.uspto.gov/ Copyright A copyright, designated by a ©, protects literary, artistic, and musical works including sculptures, movies, computer programs, etc:" Registration is granted by the federal government and is inexpensive. Although it is not necessary to register to use the symbol, registration is needed to bring suit for copyright infringement. -
Basic Facts About Trademarks United States Patent and Trademark O Ce
Protecting Your Trademark ENHANCING YOUR RIGHTS THROUGH FEDERAL REGISTRATION Basic Facts About Trademarks United States Patent and Trademark O ce Published on February 2020 Our website resources For general information and links to Frequently trademark Asked Questions, processing timelines, the Trademark NEW [2] basics Manual of Examining Procedure (TMEP) , and FILERS the Acceptable Identification of Goods and Services Manual (ID Manual)[3]. Protecting Your Trademark Trademark Information Network (TMIN) Videos[4] Enhancing Your Rights Through Federal Registration Tools TESS Search pending and registered marks using the Trademark Electronic Search System (TESS)[5]. File applications and other documents online using the TEAS Trademark Electronic Application System (TEAS)[6]. Check the status of an application and view and TSDR download application and registration records using Trademark Status and Document Retrieval (TSDR)[7]. Transfer (assign) ownership of a mark to another ASSIGNMENTS entity or change the owner name and search the Assignments database[8]. Visit the Trademark Trial and Appeal Board (TTAB)[9] TTAB online. United States Patent and Trademark Office An Agency of the United States Department of Commerce UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS CONTENTS MEET THE USPTO ������������������������������������������������������������������������������������������������������������������������������������������������������������������ 1 TRADEMARK, COPYRIGHT, OR PATENT �������������������������������������������������������������������������������������������������������������������������� -
Trademark, Patent and Copyright Information
Trademark, Patent and Copyright Information What is a trademark? A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. What is a service mark? A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. What is a certification mark? A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. What is a collective mark? A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization. Basic Questions Do I have to register my trademark? No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. -
Logo Use Guidelines
Logo Use Guidelines Get the ocial Plone logo in various formats from http://plone.org/logo 1 About the Logo Minimum Size Projects and companies using Plone are encouraged to use the Plone The logo must always be displayed at a size large enough to read both logo on their websites, brochures, packaging, and elsewhere. You may the logo type and the registered trademark. This will vary based on the not use the logo or its likeness as a company logo or for any other resolution of the medium it is being used in - but as a general rule the commercial purpose without permission from the Plone Foundation. logo circle should be no smaller than 1 cm (3/8”) or 36 pixels in height. User groups may use the logo in their materials, as long as they don't make any prot from it and comply with usage guidelines. The Plone logo is a worldwide registered trademark of the Plone Foundation, Clear Space which is responsible for defending against any damaging or confusing It is critical to maintain an open area surrounding the Plone logo so it uses. In general, we want the logo to be used as widely as possible to remains recognizable and does not become lost in other page promote Plone and the Plone community. Derivative versions of the elements. Clear space is dened relative to the size of the logo, not as a Plone logo are generally prohibited, as they dilute Plone's brand iden- border of a set distance (such as saying “1/4 inch”.) tity. -
Introduction to Trademark Law and Practice
WORLD INTELLECTUAL PROPERTY ORGANIZATION INTRODUCTION TO TRADEMARK LAW & PRACTICE THE BASIC CONCEPTS A WIPO TRAINING MANUAL GENEVA 1993 (Second Edition) ( ( WIPO PUBLICATION No 653 (El ISBN 92-805-0167-4 WIPO 1993 PREFACE The present publication is the second edition of a volume of the same title that was published by the World Intellectual Property Organization (WIPO) in 1987 and reprinted in 1990. The first edition was written by Mr. Douglas Myall, former Assistant Registrar of Trade Marks, United Kingdom. The present revised edition of the publication has been prepared by Mr. Gerd Kunze, Vevey, Switzerland, and reflects his extensive expertise and experience in the administration of the trademark operations of a large international corporation, Nestle S. A., as well as his intensive involvement, as a leading representative of several international non-governmental organizations, in international meetings convened by WIPO. This publication is intended to provide a practical introduction to trademark administration for those with little or no experience of the subject but who may have to deal with it in an official or business capacity. Throughout the text, the reader is invited to answer questions relating to the text. Those questions are numbered to correspond to the answers that are given, with a short commentary, in Appendix I. Arpad Bogsch Director General World Intellectual Property Organization February 1993 ( ( LIST OF CONTENTS CHAPTER 1. TRADEMARKS AND OTHER SIGNS: A GENERAL SURVEY 7 1.1 Use of trademarks in commerce . 9 1.2 What is a trademark?. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9 1.3 Need for legal protection .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10 1.4 How can a trademark be protected? . -
Intellectual Property Law in Cyberspace
Intellectual Property Law in Cyberspace Second Edition CHAPTER 7 UNIQUE ONLINE TRADEMARK ISSUES Howard S. Hogan Stephen W. Feingold Gibson, Dunn & Crutcher Kilpatrick, Townsend & Stockton Washington, D.C. New York, NY CHAPTER 8 DOMAIN NAME REGISTRATION, MAINTENANCE AND PROTECTION Howard S. Hogan Stephen W. Feingold Gibson, Dunn & Crutcher Kilpatrick, Townsend & Stockton Washington, D.C. New York, NY Intellectual Property Law in Cyberspace Second Edition G. Peter Albert, Jr. and American Intellectual Property Law Association CHAPTER 7 UNIQUE ONLINE TRADEMARK ISSUES CHAPTER 8 DOMAIN NAME REGISTRATION, MAINTENANCE AND PROTECTION American Intellectual Property Law Association A Arlington, VA Reprinted with permission For more information contact: bna.com/bnabooks or call 1-800-960-1220 Copyright © 2011 The Bureau of National Affairs, Inc. Library of Congress Cataloging-in-Publication Data Albert, G. Peter, 1964– Intellectual property law in cyberspace / G. Peter Albert, Jr. -- 2nd ed. p. cm. Includes bibliographical references and index. ISBN 978-1-57018-753-7 (alk. paper) 1. Industrial property--United States. 2. Computer networks--Law and legislation--United States. 3. Internet 4. Copyright and electronic data processing--United States. I. Title. KF3095.A77 2011 346.7304’8--dc23 2011040494 All rights reserved. Photocopying any portion of this publication is strictly prohibited unless express written authorization is first obtained from BNA Books, 1231 25th St., NW, Washington, DC 20037, bna.com/bnabooks. Authorization to photocopy items for internal or personal use, or the internal or personal use of specific clients, is granted by BNA Books for libraries and other users registered with the Copyright Clearance Center (CCC) Transactional Reporting Service, provided that $1.00 per page is paid directly to CCC, 222 Rosewood Dr., Danvers, MA 01923, copyright.com, Telephone: 978-750-8400, Fax: 978-646-8600. -
Vol. 93 TMR 1035
Vol. 93 TMR 1035 RECONSIDERING INITIAL INTEREST CONFUSION ON THE INTERNET By David M. Klein and Daniel C. Glazer∗ I. INTRODUCTION Courts developed the theory of initial interest confusion (or “pre-sale confusion”) to address the unauthorized use of a trademark in a manner that captures consumer attention, even though no sale is ultimately completed as a result of any initial confusion. During the last few years, the initial interest confusion doctrine has become a tool frequently used to resolve Internet- related disputes.1 Indeed, some courts have characterized initial interest confusion on the Internet as a “distinct harm, separately actionable under the Lanham Act.”2 This article considers whether the initial interest confusion doctrine is necessary in the context of the Internet. Courts typically have found actionable initial interest confusion when Internet users, seeking a trademark owner’s website, are diverted by identical or confusingly similar domain names to websites in competition with, or critical of, the trademark owner. A careful analysis of these decisions, however, leads to the conclusion that a distinct initial interest confusion theory may be unnecessary to resolve cases involving the unauthorized use of a trademark as a domain name. In fact, traditional notions of trademark infringement law and multi-factor likelihood of confusion tests may adequately address the balancing of interests required in cases where courts must define the boundaries of trademark owners’ protection against the use of their marks in the domain names of competing websites. The Federal Trademark Dilution Act (FTDA)3 and the Anticybersquatting Consumer Protection Act (ACPA)4 provide additional protection against the unauthorized use of domain names that dilute famous marks or evidence a bad ∗ Mr. -
State of Rhode Island Trademark/Service Mark Guide
UDPATED 06/2019 Rhode Island Trademark/Service Mark Guide RHODE ISLAND DEPARTMENT OF STATE Trademark/Service Mark Guide The RI Department of State records the registration of state-level trademarks and service marks. Before you apply to register your mark with our office, be sure you can answer “yes” to the following questions: ¨ Have you completed a thorough search (including of the USPTO and other states’ trademark/service mark databases) to determine if your mark or a similar mark is already in use in Rhode Island or elsewhere? ¨ Is your mark currently being used in commerce in the State of Rhode Island? Have you sold or distributed goods or services where your mark is clearly distinguishable in connection with those goods or services? ¨ Have you ensured your mark is not: • Immoral, deceptive, or scandalous? • Disparaging or misrepresentative of a person (living or dead), institution, belief, or national symbol? • Inclusive of a flag or coat of arms of the United States of America, any state or municipality, or any foreign nation? • The name, signature, or image of any living person (unless you have written consent from that person)? • Merely descriptive of the goods or services? (e.g., “Frozen” for ice cream) • Merely geographically descriptive of the goods or services? (e.g., “Providence Club”) • A surname? Registration of a trademark or service mark does not prevent another person from registering the name as a d/b/a (doing business as) in the city or town where their business is located, nor does it prevent another person from incorporating under the same name. -
Intellectual Property: Frequently Asked Questions What Is a Trademark? A
Crystal Broughan, Shareholder Intellectual Property Attorney [email protected] 904-807-2180 Intellectual Property: Frequently Asked Questions What is a trademark? A trademark is essentially the identity of your business. It is a brand associated with goods or services to distinguish your goods and services from all others, Trademarks can be any word, slogan, symbol, design or any combination of these. Some non-traditional trademarks can be a sound, color or smell. Examples: Nike®, Starbucks® Why do I need a trademark registration? A trademark registration allows you to protect your rights as the owner of the brand, business and/or product line. The registration will help you prevent competitors from diluting or tarnishing your brand of services or products. It can also be used to stop competitors from using your mark or anything that is confusingly similar to promote their products and services. If you are only using your trademark in a single state, make sure you obtain a trademark registration in that state to document your date of first use in commerce and ownership of the trademark. The date of first use of the trademark in commerce establishes priority of use in the marketplace, which is very important in the world of trademarks. If you are using the trademark in interstate commerce or in a foreign country, make sure you obtain a trademark registration through the United States Patent and Trademark Office (USPTO). The USPTO certificate of registration provides a number of advantages. First, the registration provides nationwide notice to possible infringers and allows you to use the ® symbol next to your mark.