This limitation is designed to protect
against using the trademark system to limit competition by registering functional elements and then pursuing trademark rights against a competitor.
Not exact matches
Having
trademark rights allows you to protect your domain name
against others who might allege that it infringes on their
trademark and try to have it legally taken from you, and also allows you to enforce your
trademark rights
against others who
use domain names similar to yours to try to divert your customers.
«Since protecting users is a top priority for Google, we have detailed policies
against deceptive or misleading
use of
trademarks in ad text and take swift action when we see this type of abuse on our platform,» the representative said.
The next day that firm filed two lawsuits
against Diageo, one in federal court, raising a suite of traditional
trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom -
used statute available only to charitable organizations, known as Section 135 of the New York General Business Law.
Trademarks: Provides protection against infringing use of trademarks, such as brand names an
Trademarks: Provides protection
against infringing
use of
trademarks, such as brand names an
trademarks, such as brand names and symbols.
You agree to defend, indemnify and hold harmless RMG, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and
against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your
use of this Site; your failure to
use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright,
trademark, proprietary or other rights of third parties.
Popular sports journalists like Peter King and Christine Brennan stopped
using the name in print and former players, NFL referees and even President Obama spoke out
against the name while Native American activist Suzan Harjo led a case that resulted in the U.S. Patent Office removing the
trademark from the name, deeming it disparaging.
Cadbury has won a partial victory
against Nestlé in their long - running legal dispute of the
use of purple branding as the UK Intellectual Property Office denied Nestlé's bid to have Cadbury's
trademark of the colour revoked.
Treasury Wine has launched legal action
against Rush Rich for trade mark infringements exploiting the company's Penfolds brand, including the unauthorised
use of Treasury's BEN FU
trademark, which is the lettering and characters
used in China for Penfolds.
While Apple Inc in May lost a battle for the
use of the «iPhone»
trademark on leather goods, Facebook won a dispute
against a local beverage manufacturer that had filed in 2011 to label certain foods and beverages «face book».
I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle
using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and
against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or
trademark, or violations of any other rights arising out of or relating to any
use of the Content as authorised herein.
A Canadian software company has filed a federal lawsuit
against Nassau County, arguing that it holds the
trademark for the name of the online system the county
uses to manage the time records of its employees.
What would be interesting about filing a copyright infringement
against Shire City would be that every argument they
used to defend their
use would be an argument
against their own claim to
trademark validity.
Entrants agree to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively the «Released Parties») from and
against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of
trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in this giveaway, acceptance or
use or misuse of prize.
Mr. Clooney not only looks like Clark Gable, with his hair slicked
against his scalp and his carefully etched Art Deco mustache, but he also gives the kind of detached, matinee - idol performance that
used to be Gable's
trademark.
By posting or uploading any Content on the Website: (i) you understand that if your Work is in aliterary categoryincluded on the Book Country Website, and complies with these General Terms of
Use, your Work may be made accessible to users of the Website and members will be able to review, comment on it and rate it; (ii) you represent and warrant that (A) the Content does not contain any libelous matter or matter otherwise contrary to law or violate any rights of privacy or other personal or property right whatsoever and (B) you own or control all rights in your Content, that such Content is original and does not, and will not, infringe the copyright, trademark or any other right of any person or entity, and that any «moral rights» in the Content have been waived; and (iii) you grant to us a non-exclusive, worldwide, royalty - free, irrevocable, perpetual, transferable right and license (A) to display the Content on the Website, and (B) with respect to Content other than your Work, to use, display, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, perform, make, sell and export such Content, in whole and in part, on the Website or in any formats and through any media, as we see fit, and you shall have no claims against Book Country for such use or non-u
Use, your Work may be made accessible to users of the Website and members will be able to review, comment on it and rate it; (ii) you represent and warrant that (A) the Content does not contain any libelous matter or matter otherwise contrary to law or violate any rights of privacy or other personal or property right whatsoever and (B) you own or control all rights in your Content, that such Content is original and does not, and will not, infringe the copyright,
trademark or any other right of any person or entity, and that any «moral rights» in the Content have been waived; and (iii) you grant to us a non-exclusive, worldwide, royalty - free, irrevocable, perpetual, transferable right and license (A) to display the Content on the Website, and (B) with respect to Content other than your Work, to
use, display, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, perform, make, sell and export such Content, in whole and in part, on the Website or in any formats and through any media, as we see fit, and you shall have no claims against Book Country for such use or non-u
use, display, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, perform, make, sell and export such Content, in whole and in part, on the Website or in any formats and through any media, as we see fit, and you shall have no claims
against Book Country for such
use or non-u
use or non-
useuse.
They have filed a case
against Apple for
using their
trademark on its products as well as
against the retailers who are selling Apple iPads.
Using her
trademark Hair - Whip Attack and special ability to transform herself into various kinds of creatures by way of magical belly - dancing, she must fight her way through steamy jungles, ancient ruins, and stormy deserts to topple the villainous Barons behind each criminal caper, preparing for the ultimate showdown
against her arch-nemesis: the bodacious buccaneer Risky Boots!
Later in the game Riddick receives his
trademark eyeshine ability, which allows you to see in the darkness without the need of an often giveaway torchlight, it's a great ability to
use in the gloom
against oblivious enemies but the downside is that any contact with light is completely blinding.
Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright,
trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and
use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such
use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED
AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.
According to
Trademark Engine's sanctions motion, the job candidate, Jordan Franklin, turned down a job offer with LegalForce after she learned the law firm had
used some of her statements to bolster its complaint
against Trademark Engine.
To protect from
trademark counterfeiting, the necessary actions need to be taken
against third parties
using a
trademark without permission.
Represented leading coffee company and retailer in lawsuit alleging
trademark infringement and dilution
against competitor for
using a
trademark that was confusingly similar to client's famous
trademark for blended beverages.
While the extent of protection is typically limited to the region where the
trademark is
used, an unregistered
trademark (communicated by the symbol TM in superscript, though this is not required) is still protected
against infringement and dilution under common law.
In the lawsuit
against Zola, filed Aug. 21 in U.S. District Court in Manhattan, EDS alleges that it began
using the all - in - one
trademark in 2000 in connection with its law office management software and services and that it registered the
trademark in 2012.
Its counterclaim
against EDS asserts that it is the «victim of
trademark bullying» and that «EDS is wielding its purported
trademark registration in an effort to stifle a small competitor from
using generic verbiage in connection with the promotion of its goods and services.»
Simply
using a
trademark - selling your product or service with the mark displayed on it - is enough to gain protection
against others»
use of the same word (s) or symbol (s), but the protection is limited.
Note that a
trademark associating John Smith with the sale of blueberries won't protect you
against someone
using JohnSmith.com to sell spark plugs.
Executive director of a group called InventorEd.org, Riley
used the Freedom of Information Act to obtain all unpublished complaints
against invention promoters filed with the U.S. Patent &
Trademark Office, and he has now published them on the Web.
Executive director of a group called InventorEd.org, Riley
used the Freedom of Information Act to obtain all unpublished complaints
against invention promoters filed with the U.S. Patent &
Trademark Office, and he has now -LSB-...]
Represented US clothing retailer
against claims of
trademark and trade dress infringement involving logo
used on apparel.
Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims
against product review websites, a landmark victory clarifying copyright fair
use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys
against the leading legal research websites; a favorable outcome for a high - end beauty products company in a
trademark and trade dress action
against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class
against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.
This week she gained a permanent injunction
against the
use of Hendrix
trademarks for the vodka.
The plaintiff, a trucking company, brought a
trademark infringement suit
against the defendant, a truck driver job posting website, alleging unauthorized
use of the plaintiff's
trademark on the defendant's website.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal
trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land
use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land
use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims
against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought
against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.
Apple, for its part, is alleging copyright,
trademark and other claims
against Psystar in relation to Psystar's
use of Apple's operating system.
iTrump, an app developer, appears to have prevailed in a long - running
trademark war
against the US president's business operation, without the
use of a lawyer.
DWW also provides a full - range of legal services to enforce
trademarks rights
against infringing
use.
We have defended our clients
against alleged liability resulting from unlawful patent prosecution and the tying of IP assets; price maintenance and resale distribution problems; antitrust claims associated with the inappropriate
use of copyrights, patents and
trademarks; and the failure to meet the requirements of licensing agreements.
A key principle of
trademark law is that a business must actually «
use» its
trademark to keep its
trademark registration alive, or to enforce its
trademark rights
against others.
In 5th position is Google's
trademark case
against an individual named Chris Gillespie, who has for years been trying to challenge the internet giant's
trademark to the word «google» on the grounds of it now being a common term
used by all.
By submitting an entry, you: (a) irrevocably grant the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise
use your entry as - is or as - edited (with or without
using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights,
trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor's
use of your entry, or require any further permission for the Sponsor to
use the entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit
against the Sponsor on the grounds that any
use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights,
trademark rights, and moral rights.
As a U.S.
trademark owner, the Foundation may enforce its rights under a statute known as the Lanham Act, or common law, to protect
against the
use of similar marks.
Chinese online retail giant Alibaba has filed a lawsuit
against a firm based in Dubai accusing it of causing confusion by making
use of its
trademarked name and brand to raise over $ 3.5 million in an Initial Coin Offering of a digital currency called Alibabacoin (ABBC).
Like many other companies, Alibaba
uses litigation methods to protect its
trademark against improper efforts to trade off its reputation.
A Minnesota federal court has considered whether a large brokerage firm could bring a
trademark infringement action
against another brokerage firm who
used the large brokerage firm's name as an Internet search term to drive traffic to its website.
A Wisconsin federal court has considered whether a real estate developer could bring a lawsuit
against an apartment building owner for
trademark misuse when apartment building owner
used a similar geographic name to describe his building.
An Ohio federal court determines that large brokerage is likely to succeed in its cybersquatting lawsuit
against a competitor who had registered domain names which bore a strong resemblance to the brokerage's registered
trademarks and owner's names, and so the court entered an injunction prohibiting the competitor from
using these domain names.
Immediate Businesss Action Needed for these Agents: - remember over 3.5 Million is at stake here folks -
trademark violations if you do or do not transfer to a new RE / MAX office - Small Claims court broker of record challenges
against you - Small Claims court agent challenges
against brokerage - Google SEO on your name and business - Your urls and email addresses - Termination cost or refunds from former brokerage - fraud if brokerage failed to forward your Remax ad or regional fees to head office - breach of independent contractor agreement over your rights to
use the remax brand over the full term of your independent agreement - etc etc