Trademark Dilution
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be ''diluted'' if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks. With a non-famous mark, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use: it is highly unlikely a likelihood of confusion will be found if the products or services are in unrelated markets. With a famous mark, a ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Trademark
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colours used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Native American Mascot Controversy
Since the 1960s, the issue of Native American and First Nations names and images being used by sports teams as mascots has been the subject of increasing public controversy in the United States and Canada. This has been a period of rising Indigenous civil rights movements, and Native Americans and their supporters object to the use of images and names in a manner and context they consider derogatory. They have conducted numerous protests and tried to educate the public on this issue. In response since the 1970s, an increasing number of secondary schools have retired their Native American names and mascots. Changes accelerated in 2020, following public awareness of institutional racism prompted by nationally covered cases of police misconduct. National attention was focused on the prominent use of names and images by professional franchises including the Washington Commanders ( Redskins until July 2020) and the Cleveland Guardians (Indians until November 2021). In Canada, the ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Disparagement
Disparagement, in United States trademark law, was a statutory cause of action which permitted a party to petition the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) to cancel a trademark registration that "may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute". In 2017, the Supreme Court struck down the disparagement provision as unconstitutional in '' Matal v. Tam''. Determination The PTO used a two-step test to determine whether the likely meaning of a mark used in connection with goods and services is disparaging to a group of people: # Would the mark be understood, in its context, as referring to an identifiable group of people? # May that reference be perceived as disparaging to a substantial composite of that group? According to Trademark Manual of Examining Procedure §1203.03(b)(i), “If that meaning is found to refer to identifi ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Generic Trademark
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark's owner. A trademark is prone to genericization, or "genericide", when a brand name acquires substantial market dominance or mind share, becoming so widely used for similar products or services that it is no longer associated with the trademark owner, e.g., linoleum, bubble wrap, thermos, and aspirin. A trademark thus popularized is at risk of being challenged or revoked, unless the trademark owner works sufficiently to correct and prevent such broad use. Trademark owners can inadvertently contribute to genericization by failing to provide an alternative generic name for their product or service or using the trademark in similar fashion to generic terms. In one example, the Oti ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Second Circuit Court Of Appeals
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York, and Vermont, and it has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and courtrooms at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Because the Second Circuit includes New York City, it has long been one of the largest and most influential American federal appellate courts, especially in matters of contract law, securities law, and antitrust law. In the 20th century, it came to be considered one of the two most prestigious federal appellate courts, along with the ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Starbucks Corporation
Starbucks Corporation is an American multinational List of coffeehouse chains, chain of coffeehouses and Starbucks Reserve, roastery reserves headquartered in Seattle, Washington. It was founded in 1971 by Jerry Baldwin, Zev Siegl, and Gordon Bowker at Seattle's Pike Place Market initially as a coffee bean wholesaler. Starbucks was converted into a coffee shop serving espresso-based drinks under the ownership of Howard Schultz, who was chief executive officer from 1986 to 2000 and led the aggressive expansion of the franchise across the West Coast of the United States. the company had 35,711 stores in 80 countries, 15,873 of which were located in the United States. Of Starbucks' U.S.-based stores, over 8,900 are company-operated, while the remainder are licensed. It is the List of coffeehouse chains, world's largest coffeehouse chain. The company is ranked 120th on the Fortune 500, ''Fortune'' 500 and 303rd on the Forbes Global 2000, ''Forbes'' Global 2000, as of 2022. Th ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Moseley V
Moseley ( ') is an affluent suburb in south Birmingham, England, south of the city centre. It is located within the eponymous Moseley ward of the constituency of Hall Green and Moseley in the ceremonial county of the West Midlands. It historically lay within Worcestershire, abutting the county border with Warwickshire. History Moseley was listed as a settlement within the manor of Bromsgrove in the Domesday Book of 1086 as ''Museleie'', from the Anglo-Saxon ''mús'' (mouse) + ''leáh'' (lea, meadow), which translates as either 'mouse clearing' or 'mouse-sized (i.e. small) clearing'. St Mary's Church, Moseley was licensed by the Bishop of Worcester (authorised by Pope Innocent VII) in February 1405. St Anne's Church, Moseley was opened in 1874 for the now extinct parish of Park Hill. The 600th anniversary of St Mary's was celebrated in 2005 with a series of special events. In 2012 the church bells, which had been named as the worst sounding in the country, were repla ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Trademark Dilution Revision Act
The Trademark Dilution Revision Act of 2006 (H.R. 683, ) was a law passed in the United States covering trademark law, and specifically dealt with trademark dilution. The act amended the Trademark Act of 1946 and the later Federal Trademark Dilution Act, and was passed through the United States House of Representatives on April 19, followed by the Senate (who amended it) on March 8. It was signed into law by the then-President George W. Bush on October 6, 2006. It was primarily designed to overturn the U.S. Supreme Court decision in '' Moseley v. V Secret Catalogue, Inc.'', which had specified a need to show ''actual'' trademark dilution, rather than the likelihood of dilution. It also amended U.S. law in this area in a few other ways. It limited protection from trademark dilution to those recognized by a member of the general public, rather than one in a niche market, for example an area relevant to either or both products. It also amended the fair use Fair use is a Leg ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Panavision
Panavision Inc. is an American motion picture equipment company (law), company founded in 1954 specializing in cameras and photographic lens, lenses, based in Woodland Hills, Los Angeles, Woodland Hills, California. Formed by Robert Gottschalk as a small partnership to create anamorphic format, anamorphic projection lenses during the widescreen boom in the 1950s, Panavision expanded its product lines to meet the demands of modern filmmakers. The company introduced its first products in 1954. Originally a provider of CinemaScope accessories, the company's line of anamorphic widescreen lenses soon became the industry leader. In 1972, Panavision helped revolutionize filmmaking with the lightweight Panaflex 35 mm movie film, 35 mm movie camera. The company has introduced other cameras such as the Millennium XL (1999) and the digital video Genesis (camera), Genesis (2004). Panavision operates exclusively as a rental facility—the company owns its entire inventory, unlike most of ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases. Headquartered in San Francisco, California, the Ninth Circuit is ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Pana, Illinois
Pana is a small town in Christian County, Illinois, United States. A small portion is in Shelby County. The population was 5,199 at the 2020 census. History The area around Pana was first organized as Stone Coal Precinct in 1845. The county's precincts became townships in 1856, and Stone Coal Precinct became Pana Township, Christian County, Illinois. In 1857 the village of Pana was incorporated. The name "Pana" is believed to have been derived from the indigenous tribe, the Pawnee. It developed at the intersection of east–west and north–south railroads, and had supplies of fuel and water for the steam engines of the railroad. Pana was recognized as a sundown town. The community became a center of coal mining in the late 19th and early 20th centuries. In April 1899, what is known as the Pana riot broke out after a violent confrontation between black and white miners. Initially a white man was killed (by a policeman, it was later discovered), and white union miners at ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Dennis Toeppen
Dennis Toeppen (born 1964) is an American entrepreneur and owner of bus company Suburban Express. He was a party to two cases of first impression relating to domain name registration. Early life and education Dennis Eric Toeppen grew up in Mount Prospect, Illinois. He graduated from Prospect High School in 1982 and enrolled at the University of Illinois at Urbana–Champaign, majoring in electrical engineering. He later changed his major to business, and graduated with a BS in Finance in 1987. Thereafter, he attended the University of Illinois at Urbana–Champaign, where he earned a BS in Economics, Northwestern University, where he earned an MS in Transportation, and University of Chicago, where he earned an MBA, and Parkland College, where he earned an AS in Construction Management. Bus transportation In 1983, Toeppen founded Suburban Express to provide transportation from University of Illinois to Chicago Suburbs. Toeppen attacked monopolist Greyhound Lines using a no ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |