Lanham Act Research Paper

The Indian Act was created in 1876 and has been amended many times through history. The Act was created by European settlers under the British crown in order to assert control over the Indigenous people of Canada. It developed into the takeover of Indigenous land, imposed the rule of the Crown on Indigenous affairs, openly allowed discrimination, and restricts hunting. Also, the act implemented the abolishment of band councils, entrapment within harsh reserve living conditions, the creation of residential schools, the constraint on traditions, culture, ceremonies, and the systematic growth of cultural genocide. This racist relic has imposed a great deal of injustice towards Indigenous people. It establishes a “us v. them” mentality and separates

I wouldn’t choose a trademark protection, since it not apply to the invention. A trademark typically includes a symbol, word, or words legally registered or established by use as representing a company or product.

In the current society of the United States of America, there was an ample amount of problems. One of the problems that arose and caused multiply amounts of distress was the rise of wars and terrorists. The United States of America broke the trust of its by putting itself in worldly situations not concerning itself and its people. A more perfect society needs to be formed because of the people not being given what they deserve and what they need. Lindsey Land will be different because it will appeal to the inner needs of its citizens and give them what they truly deserve. Lindsey Land, however, does share some of the same characteristics as the United States of America, as in having its citizens be free and allowing them to voice their own opinions. In this land, it is promised for the people to prosper in its education system, and for its government to provide and help them along the way.

Trademark rights can be acquired by being the first to put the mark to use in commerce

As per your request, the following captures my suggestions aimed at addressing the outlined issues (1) Trade Dress under the Lanham Act, (2) Copyright protection of the design (3) Design Patent under the Patent Act.

2.6 Explain the establishment of a trade name and trademark: Filing a trademark registers a logo or slogan to be displayed on goods or services for public record.

In determining whether a trademark is inherently distinctive or not, the courts have come up with certain tests. The classic test for determining a trademark’s distinctiveness was outlined in Abercrombie & Fitch Co. v. Hunting World, Inc. The Abercrombie spectrum is one of the most accepted one in trade dress cases, and is has a universal acceptance in determining trade dresses distinctiveness. The prime factors that are considered in the court are the degree to which the trademark or trade dress is generic, descriptive, arbitrary, suggestive, or fanciful. Some courts include this widely accepted test into their own versions of tests.

Copyrights and trademarks are essential components of the success and longevity of many companies. Protecting those components is critical. Louis Vuitton Malletier S.A. filed a lawsuit in 2007 for trademark dilution and copyright infringement against Haute Diggity Dog. The results of the case shocked many, including the International Trademark Association, as the court sided in Haute Diggity Dog’s favor.

Because there is already a mark that is listed by the USPTO. This mark was first used in 2002 which is 6 years to the senior of SafePac, and SGP. Because of its seniority they have a claim to it and it would add a little confusion if SGP would to market it. Because there would then be two products out there with the same name, possibly cost some business for both companies. Here there would be a minor hit on the Lanham act, which was put into place to protect legit business, so that they can keep using their ideas, and investments. The reason why I say that is a minor hit is because even not knowing that this was already in use they have a responsibility to the preexisting company and name of their product. Even though there is no completion, and they are two separate spectrums of services. Still the idea was first thought of by Safe Choice.

A good example of this would be to describe a pair of pants as having two legs instead of one does not create a violation of any mark held by American Eagle for its pants. In this situation, the use of this phrasing associated with the pants is simply accessing the primary use of the term. This does not borrow on any marks held by American Eagle. The company in question, Clean Clothes in regards to the Alpaca looking garment does not knowingly borrow the phrase from Men2Wimmin willfully and with intent of trademarking it.

Legal Background- A Trademark is a word, name, symbol or device that is used with goods to distinguish them as a unique product. Trademark rights hold that others should refrain from using similar names that have a tie-in or imply some level of relationship. Often, authors of books or music trademark certain names so that ancillary products cannot be produced that imply collusion or similar nature. Of course, the word "twilight" used in a poem or story, is not trademarked. But a "Twilight" beer, pen, backpack, or other

Copyrights are established when a work is made in a form that can be recognized as a proprietary work, such as a physical writing or a prototype. The laws surrounding copyright allow the owner of the work the sole right to reproduce as well as the right to distribute the product, unless the copyright owner allows others access. Unauthorized use of copyrighted material is called infringement, and to protect against third parties using works without permission the copyright owner should take steps to show that the work is copyrighted. Trademarks are created to protect the right of an individual or organization to be the sole users of their name, logo, or motto. Fair use law protects the people’s right to utilize copyrighted material in a transformative

The smartphone industry today is a highly competitive market in which major smartphone manufacturers utilize patents to increase their sphere of influence within the tech wing. Company growth and the bottom line may be the primary focus, but a secondary goal of stagnating competitors through tech control is vital to staying king of the hill. Intellectual property is defined as an invention or work that is the result of creativity. A company may apply for a patent, copyright, or trademark to protect intellectual property. A patent is essentially a limited monopoly in which the patent holder is allotted the exclusive right to make, use, and sell the patented innovation for a limited period of time. Infringement of a patent is the unlawful making, using, or selling of the patented device within the territories of the United States, during the term of the patent. The five primary requirements for patentability are: patentable subject matter, utility, novelty, non-obviousness, and enablement. If a patent is infringed, the patent holder may sue for relief in the appropriate Federal court. The patent holder may ask the court for an injunction to preclude the persistent breach and may also ask the court for an award of damages. In such an infringement suit, the defendant may question the validity of the patent, which is then decided by the court. The defendant may also claim that its actions do not constitute infringement. Patents are exclusively governed by federal law; the

Brand licensing is a well-established business, both in the area of patents and trademarks. Trademark licensing has a rich history in American business, largely beginning with the rise of mass entertainment

Trademark is the current trend of industry that everyone follows. Trademark is not a fashion but it has emerged as current marketing trend of industry. The value of trademark is mostly observed in marketing management where promoters used the trademark just instead of the product name. This is called branding where basically one brands the trademark of the product or in higher level the trademark of the company. In other field of business like financial, consultancy or operation trademark used as the symbol of pride, reputation, history and future of the company. But obviously the domination of trademark is in the marketing area which connects people and the company or the products of the company.