AJ 025 Lecture Notes - Lecture 22: Dutch Boy Paint, Good Housekeeping

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Trademark: distinctive word, symbol, design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others. Trademark dilution: the unauthorized use of a distinctive and famous mark in a way that impairs the mark"s distinctiveness or harms its reputation (protects distinctive/famous trademark) Tdra: trademark dilution revision act (2006: plaintiff owns famous mark (distinctive, defendant uses mark in commerce that is diluting the famous mark, similarity between marks gives rise to association, association is likely to harm reputation. Marks do not need to be identical, just similar. Can be registered if already in commerce/intends to circulate in 6 mo. Owner has cause of action for lawsuit. Must show there was confusion between origin: does not need to prove intention. Usually granted = injunction, damages and profit received. Fanciful: trademarks using invented words (ie. xerox, google) Arbitrary: common words that would not ordinarily be associated with the product (ie. dutch boy paint)