Trademark_Essay - 04/22/08 Business Law II Trademark...

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04/22/08 Business Law II “Trademark Infringement” This is a case governed under the Lenham Act, specifically trying to outline what constitutes trademark infringement. Her case follows closely with that of 1-800 contacts, Inc. v. WhenU.com, Inc. There are however a few key distinctions that will be outlined later. If a competitor were to charge Debbie with trademark infringement they would most likely site a complaint stating her “search engine” violated Lanham Act, 15 U.S.C. 114(1), and 1125(a)(1). The term “search engine” as pertaining to this form of litigation refers to an entity that allows a computer “to find information by typing in a word or words describing what is sought, and the search engine will identify websites and webpages that contain those words” (1-800 case). Moreover, for a trademark infringement claim under Lenham Act, 12 U.S.C. 114 (1), and 1123(a)(1) to have standing, the plaintiff must prove that (1) its trademark is valid and protected under the Lenham Act; and (2) the defendant used the mark, (3) in commerce, (4) in connection
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Trademark_Essay - 04/22/08 Business Law II Trademark...

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