Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations Home | Site Index | Disclaimer | Email Me!

Tabberone Logo
The latest Hartsel weather.

  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

What is a trademark?

A trademark is a limited property right in a particular word, phrase or symbol.

A trademark is either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others.

Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services.

An example is the mouse ears used by Disney. The mouse ears are known around the world as being Mickey Mouse and being Disney. Mercedes uses the famous 3-prong symbol in a circle. The Olympic rings, Alfred E. Newman, the NBC peacock, all represent famous trademarks. Sometimes a name is a trademark. Xerox is one example.

The owner of a trademark has the exclusive right to use in commerce that symbol, or name or word, to promote its company and its products under the Lanham Act, which is the primary federal legislation concerning trademarks.

However, and it is a big however, the Lanham Act also specifically recognizes the "fair use" of a company's trademark.

The Fair Use Doctrine grants the use of a trademark under certain conditions.

What is not Fair Use? If you are selling a Minnie Mouse plate and you use a picture of Mickey Mouse to draw attention to the advertisement, that is not fair use. You can use only a picture of the actual product. Additionally, using non-specific words, like Winnie The Pooh, again to draw attention to the advertisement, is an infringement.

Since at least the middle ages, trademarks have served primarily to identify the source of goods and services, "to facilitate the tracing of 'false' or defective wares and the punishment of the offending craftsman." F. Schechter, The Historical Foundations of the Law Relating to Trade-marks 47 (1925).

The law has protected trademarks since the early seventeenth century, and the primary focus of trademark law has been misappropriation--the problem of one producer's placing his rival's mark on his own goods.

Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game


Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   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?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   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?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns
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 © 1999-2019



wordpress analytics