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Unformatted text preview: HA-385 FINAL EXAM NotesMay 13, 2002TrademarkDefinition of Trademarks:word, name, symbol and/or device used to identify or distinguish goodsFacts about Trademarks:-Trademarks can exist as long as you use them-If you abandon it, someone else can take it-Must be distinctive from other products or primary meaningSpectrum of DistinctivenessFair Use-Used not as a mark-Used to describe something-Used in good faithTrademark Infringement-You must have a trademark-There must be a likelihood of confusion, which can include the following:Similarities of 2 marksSimilar customer baseStrength of markEvidence of actual confusionThe number and nature of similar marks on similar productsDilution1.Famous mark2.Defendant is making $3.Defendants use dilutes the quality of trademark4.Defendant formed it after plaintiff did5.The trademark in dispute is actually distinctiveFanciful(Coined Word, i.e. Xerox, Kleenex)Arbitrary (There is no relation to the product, i.e. Apple Computers)Suggestive(The name suggests what the product is or its purpose, i.e. At a glance calendar booklets)Descriptive (Presumptively non-distinctive, unless you show secondary meaning i.e. Philadelphia Cream Cheese)Generic(Describes the genus of the product, rather than something specific or inherent to the company)INHERENTLY DISTINCTIVE*** YOU NEED ALL FIVE! ****** YOU NEED ALL FIVE!...
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