Tabberone is pronounced tab ber won |
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Unauthorized Use! |
The Lanham Act plainly refers to someone who, without
authorization, uses or imitates another's mark in such a
way as to possibly cause confusion. Confusion is the
benchmark of Trademark Infringement. Without confusion there
is no infringement.
The Lanam Act states:
Sec. 1114. - (1) Any person who shall, without the consent of
the registrant - shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive. The wording is sepcific. The Lanham Act refers to "counterfeits" and "reproductions". Lawfully acquired copyrighted fabric does not fall into the the categories defined in the Lanham Act. But, unethical lawyers use the phrase "without the consent of the registrant" to foist the "unautorized" attack upon lawful use of the fabrics. The Lanham Act also states that the "registrant" cannot recover damages if the offender did not intend to cause confusion or did not intend to deceive the public. The burdon of proof is on trademark owner to prove intent. |
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Original material by Karen Dudnikov & Michael Meadors is © 1999-2019 |