A mental state characterized by an intent to deceive consumers by using a competitor's trademark or one that is confusingly similar to it. Bad faith is not required to find trademark infringement [..]

Prior to ordering injunctive relief, which is an equitable remedy, the court must weigh the harm to defendant if the injunction is imposed, against the harm to plaintiff if no injunction is ordered. T [..]

There are a couple steps trademark owners can take to prevent the importation into the United States of counterfeit goods, gray-market goods, or goods that bear confusingly similar marks. First, the o [..]

An international teaty governing the trademark laws of Belgium, the Netherlands, and Luxembourg. The Benelux Convention was signed 1962, and was followed by a common registration system, the Uniform B [..]

The period in which an Intent to Use trademark applicant is prohibited from filing an Amendment to Allege Use, or a Statement of Use. This period begins once the mark is published in the Official Gaze [..]

"Blurring" typically refers to the "whittling away" of distinctiveness caused by the unauthorized use of a mark on dissimilar products. Anti-dilution protection extends beyond simi [..]

Book titles are generally not protected under trademark law unless they are part of a series. However, even if the book title doesn't belong to a series, it may theoretically receive trademark pr [..]

"Brand," brand name" and "trademark" are often used interchangeably, but they are not synonyms.  "Brand" refers broadly to a customer's entire experience with a [..]

Also known as a "trade name," "assumed name," or "corporate name," a business name is the name under which a company conducts its business.  Whereas a business name ident [..]

Constructive notice is a legal fiction. In the context of proving good faith as a defense in a trademark infringement lawsuit, constructive notice replaces the requirement that the defendant have actu [..]