BLAW 2013 Lecture Notes - Lecture 11: Lanham Act, United States Patent And Trademark Office, Constructive Notice
Document Summary
Used to distinguish services rather than a good . Prior users may continue to use that name. Image and overall appearance of a product. Ralph lauren as trademarks, and can be registered. Dilution: lessening the capacity of a famous mark to identify and distinguish. Infringement: the likelihood of confusion goods or services. Must be used in interstate commerce (or within six months) Constructive notice to all businesses that the mark is now owned. Can seek a remedy in federal court. Initial registration is good for ten years. Can be renewed at a cost of 400 dollars. Bad faith th domain name holder offered to sell the name to the trademark owner. The holder applied for the domain name using false information. The holder applied for multiple domain names that were known to be confusingly similar for financial gain. Arbitration under icaan"s uniform domain name dispute resolution policy . No damages only reassignment of domain name.