However, Chuck Evans» MONTEZUMA Brand Sauces & Salsas believes that this novel method of public notification of
trademark infringers addresses the legal difficulties of maintaining and protecting a registered trademark, as well as the goodwill associated with the trademark, and therefore is constructive for consumer education about the theft of intellectual property rights.
A world leading IT network company on the coordination of enforcement activity against a Chinese
trademark infringer.
Not exact matches
When a competitor usurps protectable trade dress, those rights can be enforced against the
infringer just like more traditional
trademarks.
Such refusal to amicably settle infringement of our
trademark pursuant to the
infringer's corporate responsibilities and public and ethical obligations, requires the consideration of costly legal action to enforce protection of our registration.
Subsequent to federal registration of SMOKEY CHIPOTLE ®, numerous entities (currently over 135 notifications since 1995), have been contacted requesting immediate resolution to their infringement and to terminate inappropriate usage of our
trademark; including Chuck Evans request for minimal consideration in exchange for a settlement concession allowing for depletion of the
infringer's existing inventory, pre-printed labels and packaging.
Protect your brand from
infringers and competitors with a registered
trademark.
Bestows
trademark rights across the United States presuming it is a valid mark, preventing
infringers from claiming unawareness of the
trademark
He handles copyright,
trademark, right of publicity, false advertising, trade secret and patent disputes, protecting valuable intellectual property rights from would - be
infringers and defending clients against wrongful accusations of infringement.
This involved preventing infringement acts of
trademark and patent at Canton Fair and other big exhibitions as well as reaching settlement agreements with more than 20
infringers and also administrative and judicial actions for rights protection against
infringers who continued infringement.
Once registered, the
trademark can be enforced against
infringers.
Our attorneys have collectively prosecuted thousands of
trademark applications to registration and keeps our clients apprised of possible
infringers and competitors.
The
trademark owner must also undertake to compensate the alleged
infringer in the event that the case is ultimately dismissed.
A
trademark owner must prove three things on a motion for an interlocutory injunction: (i) that its allegations raise a «serious issue» of infringement; (ii) that the harm caused by the infringement if it continues until trial would be «irreparable»; and (iii) that the balance of convenience favours granting an interlocutory injunction e.g. awarding an injunction would not cause any undue inconvenience to the alleged
infringer.
A nominative fair use occurs when the alleged
infringer uses another's
trademark to describe its own product or service.
In order to assess the likelihood of confusion, the court must consider the following factors: 1) the strength of the owner's mark; 2) the similarity between the owner's mark and the alleged
infringer's mark; 3) the degree to which the products compete with each other; 4) the alleged
infringer's intent to pass off its goods as those of the
trademark owner; 5) incidents of actual confusion; and 6) whether the degrees of purchaser care can eliminate any likelihood of confusion which would otherwise exist.