US Trademark Law

By Sharon White

Trademark law has sought to protect not just the company and the products that it produces, but consumers and their interest in purchasing a product with consistent quality. Permitting a company to take advantage of a well known product and benefit from its famous name hurts not just the company with the famous name, but the consumer who mistakenly purchases the product believing it is the famous brand. One problem lies in the fact that there are different types of consumers. There are consumers that are product savvy and would not confuse two similar products, but there are unsophisticated consumers who will undoubtedly confuse the two. An actual harm requirement hurts the unsophisticated consumer by requiring consumer confusion before the famous brand can ask for an injunction pursuant to the Federal Trademark Dilution Act.

From the time of the Industrial Revolution trademarks have been important to commerce. Marks were used to identify a manufacturer’s product and to differentiate it from other products in the market. Consumers would rely on these marks to indicate where particular products came from. Congress’s first attempt at federal trademark legislation in 1870 failed as it was declared unconstitutional by the Supreme Court in 1879. It was determined by the court that Congress was overstepping its authority granted in the commerce clause of the Constitution. Congress adopted a federal registration statute in 1881, with no mention of interstate commerce. It applied only to commerce with Indian tribes and foreign countries. Additionally, prior to 1905 it was required that the junior mark must not only bear a similar mark, but it must be in direct competition with the senior mark in order to seek an injunction.

If a consumer, who relied on a trademark as a product identifier, intended to purchase the senior mark’s product and mistakenly purchased the junior mark’s product, the senior mark lost profits and the consumer purchased something they did not intend to purchase.

The article was produced by the writer of masterpapers.com. Sharon White has many years of a vast experience in academic essays and ethics essays writing consulting. Get free samples of essays, coursework and school essays tips.

Article Source: EzineArticles.com/?expert=Sharon_White

Invention Evaluations   Invention Evaluations

Choose the Invention Evaluation Plan that fits your goals and budget.

Inventors such as yourself who are looking to protect and profit from your invention or new product idea each have your unique needs and budgets. That is why we offer several invention evaluation plans for you to choose from that are tailored to the special needs of individual inventors.

Save Money   Invention Packages

Invention Commercialization and Profitability Program

Choose from our Basic, Advanced, or Professional Invention Combo Packages, depending on your particular needs and budget. Each combo package includes your choice of the Invention Sales Package, the Invention Licensing Package, or the Invention Marketing Package.

 

Invention Evaluations   Crowdfunding

Don't have money to develop your invention into a product?

Crowdfunding makes it possible for you to achieve your invention goal of selling, licensing, or manufacturing products based on your invention that you otherwise might not be able to do using equity or debt financing. And you don't give up any ownership stake in your invention.

 

Invention Patenting Group
161 Maple Drive
Park City, Utah 84098-5113
Telephone: (866) 279-7174
Facsimile: (435) 649-3801

Copyright 1999-2016 Invention Patenting Group. All rights reserved.

Powered by Joomla 1.7 Templates