Tabberone is pronounced tab ber won
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 -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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Initial Interest Confusion |
Likelihood Of Confusion |
Material Difference Standard
Parallel Imports | Post-sale Confusion | Puffery | Secondary Meaning | Subsequent Confusion | Trademark Abuse
Unauthorized Use | Unfair Competition | What is a Trademark?
Angel Policies |
Contributory Infringement |
Copyright Extortion |
Copyright Misuse Doctrine
; Derivative | The Digital Millennium Copyright Act | EULA | Fair Use | First Sale Doctrine | Product Description | Registration
Registration Denied | What is a Copyright? | What is not Copyrightable?
Embroidery Designs |
FAQs & Whines |
Image and Text Theft |
Licensed Fabric |
Licensing & Licenses |
Patterns Index | Profit | Quilting | Selvage | Stanford School of Law Case Outline
Tabberone Disclaimer | Trademark Extortion | Urban Myths | What To Do If You Are Veroed
Federal Court Cases |
Alphabetically | by Federal Circuit | by Subject | by Court Quotations
Federal Statutes |
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
VeRO (Verified Right's Owner Program)|
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed
|Original material by Karen Dudnikov & Michael Meadors is © 1999-2016|