Join Dana Robinson for an in-depth discussion in this video Trademark infringement, part of Intellectual Property Fundamentals.
…Now, once you've established trademark rights, what do you do?…What do those rights give you?…Well, they give you the right to sue people for infringement.…The government is not going to protect you.…You need to use your private rights to sue people for infringement.…Likewise, if someone believes your use of a trademark infringes…them, they have a private right to sue you for infringement.…Now, what is infringement?…Infringement is an analysis of whether there's…a likelihood of confusion between two different marks.…Courts apply this test, the trademark office applies this test.…
It varies a little from jurisdiction to jurisdiction.…But primarily, the elements are similar.…The elements of infringement include the strength of the mark.…Now the strength of the mark means, is this a strong mark or a weak mark?…Is this a mark that's descriptive…or suggestive and therefore, slightly more weak?…Or is it arbitrary and fanciful or more strong?…So the first part of the analysis as to whether there's…infringement is going to evaluate the, the relative strength of the mark.…
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DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LInkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.
- What is intellectual property?
- What is a copyright?
- How long do copyrights last?
- Trademarking your brand
- Trademark infringement
- Patenting your ideas
- Defending trade secrets<br><br>
- The PMI Registered Education Provider logo is a registered mark of the Project Management Institute, Inc.
Skill Level Appropriate for all
4. Trade Secrets
5. Rights of Publicity
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