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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 -
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,

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 and other articles do not fall into the the categories defined in the Lanham Act. But, unethical corporate lawyers use the phrase "without the consent of the registrant" to foist the "unauthorized" attack upon lawful use of the fabric and other articless. What these corporate lawyers fail to disclose, or even mention, is that unauthorized use is not equivalent to unlawful use. But they act as though it is.

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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