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Fair Use (U.S. Trademark Law)
In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair use doctrine in copyright. Fair use of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc. using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the owner. Courts have recognized that ownership of a trademark or service mark cannot be used to prevent others from using the word or symbol in accord with its plain and ordinary meaning, such as if the trademark is a descriptive word or common symbol such as a pine tree. As a result, the less distinctive or original the trademark, the less able the trademark owner will be to control how it is used. For the potentially infringing use of a trademark or service mark, fair ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use
Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in common law during the 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apple, Inc
Apple Inc. is an American multinational corporation and technology company headquartered in Cupertino, California, in Silicon Valley. It is best known for its consumer electronics, software, and services. Founded in 1976 as Apple Computer Company by Steve Jobs, Steve Wozniak and Ronald Wayne, the company was incorporated by Jobs and Wozniak as Apple Computer, Inc. the following year. It was renamed Apple Inc. in 2007 as the company had expanded its focus from computers to consumer electronics. Apple is the largest technology company by revenue, with billion in the 2024 fiscal year. The company was founded to produce and market Wozniak's Apple I personal computer. Its second computer, the Apple II, became a best seller as one of the first mass-produced microcomputers. Apple introduced the Lisa in 1983 and the Macintosh in 1984, as some of the first computers to use a graphical user interface and a computer mouse, mouse. By 1985, internal company problems led to Job ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apple
An apple is a round, edible fruit produced by an apple tree (''Malus'' spp.). Fruit trees of the orchard or domestic apple (''Malus domestica''), the most widely grown in the genus, are agriculture, cultivated worldwide. The tree originated in Central Asia, where its wild ancestor, ''Malus sieversii'', is still found. Apples have been grown for thousands of years in Eurasia before they were introduced to North America by European colonization of the Americas, European colonists. Apples have cultural significance in many mythological, mythologies (including Norse mythology, Norse and Greek mythology, Greek) and religions (such as Christianity in Europe). Apples grown from seeds tend to be very different from those of their parents, and the resultant fruit frequently lacks desired characteristics. For commercial purposes, including botanical evaluation, apple cultivars are propagated by clonal grafting onto rootstocks. Apple trees grown without rootstocks tend to be larger and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kodak
The Eastman Kodak Company, referred to simply as Kodak (), is an American public company that produces various products related to its historic basis in film photography. The company is headquartered in Rochester, New York, and is incorporated in New Jersey. It is best known for photographic film products, which it brought to a mass market for the first time. Kodak began as a partnership between George Eastman and Henry A. Strong to develop a film roll camera. After the release of the Kodak camera, Eastman Kodak was incorporated on May 23, 1892. Under Eastman's direction, the company became one of the world's largest film and camera manufacturers, and also developed a model of welfare capitalism and a close relationship with the city of Rochester. During most of the 20th century, Kodak held a dominant position in photographic film, and produced a number of technological innovations through heavy investment in research and development at Kodak Research Laboratories. Kodak produce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nominative Use
Nominative use, also "nominative fair use", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own. Nominative use may be considered to be either related to, or a type of "trademark fair use" (sometimes called "classic fair use" or "statutory fair use"). All "trademark fair use" doctrines, however classified, are distinct from the fair use doctrine in copyright law. However, the fair use of a trademark may be protected under copyright laws depending on the complexity or creativity of the mark as a design logo.Pratt, Jacqueline Levasseur. "Not All Is Fair (Use) in Trademarks and Copyrights." ''INTA Bulletin'', Vol 67, No 16. International Trademark Association, 15 September 2012. . 6 December 2015. The nominative use test essentially states that one party may use or refer to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Casio
is a Japanese multinational electronics manufacturing corporation headquartered in Shibuya, Tokyo, Japan. Its products include calculators, mobile phones, digital cameras, electronic musical instruments, and analogue and digital watches. It was founded in 1946, and in 1957 introduced the first entirely compact electronic calculator. It was an early digital camera innovator, and during the 1980s and 1990s, the company developed numerous affordable home electronic keyboards for musicians along with introducing the first mass-produced digital watches. History Casio was established as Kashio Seisakujo in April 1946 by (1917–1993), an engineer specializing in fabrication technology. Kashio's first major product was the yubiwa pipe, a finger ring that would hold a cigarette, allowing the wearer to smoke the cigarette down to its nub while also leaving the wearer's hands free. Japan was impoverished immediately following World War II, so cigarettes were valuable, and the inventi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Distinctiveness
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. "Descriptive" marks must acquire distinctiveness through secondary meaning—consumers have come to recognize the mark as a source indicator—to be protectable. "Generic" terms are used to refer to the product or service itself and cannot be used as trademarks. The spectrum of distinctiveness In United States trademark law, Abercrombie & Fitch Co. v. Hunting World 537 F.2d 4 (2nd Cir. 1976) established the spectrum of trademark distinctiveness in the US, breaking trademarks into classes which a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rogers V
Rogers may refer to: Places Canada *Rogers Pass (British Columbia) * Rogers Island (Nunavut) United States * Rogers, Arkansas, a city * Rogers, alternate name of Muroc, California, a former settlement * Rogers, Indiana, an unincorporated community * Rogers, Kansas, an unincorporated community * Rogers, Kentucky, an unincorporated community * Rogers, Minnesota, a city * Rogers, Nebraska, a village * Rogers, New Mexico, an unincorporated community * Rogers, North Dakota, a city * Rogers, Ohio, a village * Rogers, Texas, a town * Rogers, Virginia, an unincorporated community * Petroleum, West Virginia, also known as Rogers, an unincorporated community * Rogers Brook, Pennsylvania * Rogers City, Michigan, a city * Rogers Corner, Michigan, an unincorporated community * Rogers County, Oklahoma * Rogers Creek (Missouri) * Rogers Creek (Pennsylvania) * Rogers Island (Connecticut) * Rogers Island (New York) * Rogers Lake (other) * Rogers Pass (Colorado) * Rogers Pass ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Trademark Law
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some degree of federal protection under the Lanham Act 43(a). History United States law has protected trademarks under state common law since colonial times, but it was not until 1870 that Congress first atte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Clause, free exercise of religion; or abridging the Freedom of speech in the United States, freedom of speech, the Freedom of the press in the United States, freedom of the press, the freedom of assembly, or the Right to petition in the United States, right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the United States Bill of Rights, Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first. The Bill of Rights was proposed to assuage Anti-Federalism, Anti-Federalist oppo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
