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 creat a likelihood of confusion. Confusion is the benchmark of Trademark Infringement. Without confusion there is no infringement.
But the Lanham Act means "counterfeits" and "reproductions" of either the trademark or falsely placing the trademark on a product that
was not manufactured by the rights owner to give the impression that is was.
Many corporate lawyers use the term "unauthorized" as a scare tactic. The use of a genuine trademarked product does not require "authorization" but a corporate lawyer will not tell you that. 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. |