Tiananmen Square

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• Tiananmen Square google.com
• Tiananmen Square google.cn

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(No Transcript)
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entertainment services, namely, live performances
by a musical band, live performances by a rock
group, live performances by a rap group, and live
performances by a rapper and singer.
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Trademark

• Word symbol or device used to identify
  goods/services and distinguish them from others.

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Trademark Functions

• Indicate the source or origin of the goods
• Symbolize the quality of the goods bearing the
  mark and
• Create and maintain a demand for the product

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Internet Trademark Issues

• Trademark Infringement
• Trademark Dilution
• Cybersquatting
• Imbedded uses of Marks

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Domain Names

• Intersection of the Internet and Trademark
• law.nd.edu
• www.mtv.com

Top Level Domain
Third Level Domain
Second Level Domain
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Trademark Infringement - 15 USC Section 1114

• Any person who shall, without the consent of the
  registrant (a) use in commerce any reproduction,
  counterfeit, copy, or colorable imitation of a
  registered mark in connection with the sale,
  offering for sale, distribution, or advertising
  of any goods or services on or in connection with
  which such use is likely to cause confusion, or
  to cause mistake, or to deceiveshall be liable
  in a civil action by the registrant .

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Test for Infringement

• Likelihood of Confusion
• Strength of the mark
• Proximity of the goods
• Similarity of the marks
• Evidence of actual confusion
• Marketing channels used
• Type of goods and the degree of care likely to be
  exercised by the purchaser
• Defendants intent in selecting the mark
• Likelihood of expansion of the product lines

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Trademark Dilution

• Lessening of the capacity of a famous mark to
  identify and distinguish goods or services,
  regardless of the presence or absence of
• competition between the owner of the famous mark
  and other parties, or
• likelihood of confusion, mistake, or deception

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Federal Trademark Dilution Act

• 15 USC 1125(c)
• owner of a famous mark shall be entitled, subject
  to the principles of equity and upon such terms
  as the court deems reasonable, to an injunction
  against another persons commercial use in
  commerce of a mark or trade name, if such use
  begins after the mark has become famous and
  causes dilution of the distinctive quality of the
  mark

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Federal Trademark Dilution Act

• Factors court may use to determine whether mark
  is famous or distinctive
• degree of distinctiveness of the mark
• duration and extent of use of the mark
• the duration and extent of advertising and
  publicity of the mark
• the geographical extent of the trading area in
  which the mark is used
• the channels of trade for the goods or services
  with which the mark is used
• the degree of recognition of the mark in the
  trading areas and channels of trade
• the nature and extent of use of the same or
  similar marks by third parties and
• whether the mark was registered

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Trademark Dilution

• Moseley d/b/a/ Victors Little Secret v.
  Victorias Secret Catalogue
• 537 U.S. 418 , 123 S.Ct. 1115 (2003)
• FTDA requires proof of ACTUAL dilution