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Trademark Infringement

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  • Exclusive Rights, Imitation and the Public Domain

    In our free market economy, public domain (i.e., an invention, creative work, commercial symbol, or any other creation that is not protected by through trademarks, copyrights, or patents) is the general rule and intellectual property is[...]

    Categories: Trademark Infringement, Trademark Registration
  • Looking at Two Sides of Trademark Infringement

    A generic trademark is a product name or term which is the actual name for that product. Examples include: BANANA for bananas, or LAW FIRM for a law firm or CHICAGO TRADEMARK ATTORNEY for Chicago trademark attorney.[...]

    Categories: Trademark Infringement
  • Trademark Litigation – Proving Likelihood of Confusion

    In trademark litigation, it is the plaintiff’s burden to plead and prove validity of the trademark and infringement by defendant.  For trademark infringement, the test is “likelihood of confusion.”  The likelihood of confusion test for trademark[...]

    Categories: Trademark Infringement, Trademarks
  • Trademark Cease and Desist Based on Likelihood of Confusion

    While this specific occurrence happened a couple years ago, our Chicago trademark attorneys believe that this matter showcases a variety of issues that can arise if one were applying for a federal trademark registration or how[...]

    Categories: Trademark Infringement, Frequently Asked Questions

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