TM infringement, TM dilution, Cybersquatting - Definition and General Discussion

[hhunterjr]

Someone suggested that I post the general definitions of TM infringement, TM dilution, and Cybersquatting.


So I've included a general discussion of TM infringement, TM dilution, and Cybersquatting below and provided various links to sites dealing with these issues. (These terms may have already been defined here and discussed, but it doesn't hurt to discuss the terms again).



Trademark infringement:
is the commercial use of the same or similar mark by another with respect to related goods or services which is "likely to cause confusion" with respect to actual or potential customers of the trademark owner's goods or services. Many factors are considered in determining the existence of a "likelihood of confusion" including the similarity of the marks and their commercial connotation, the similarity or relationship of the respective goods or services, the commonality of trade channels, the sophistication of purchasers, the fame and strength of the trademark owner's mark, the number and nature of similar marks in use on similar goods or services, and the existence of actual confusion. No one factor is necessarily controlling and in general infringement is evaluated on a case by case basis based upon the totality of circumstances. Remedies include injunctive relief to prohibit infringement, the impoundment and destruction of goods bearing infringing trademarks, an infringer's profits, the trademark owner's actual damages and court costs. Attorney's fees may be awarded in exceptional cases

Trademark dilution:
occurs when a famous trademark’s ability to distinguish its product is lessened, either through "tarnishing" (a famous mark becomes associated with an inferior product) or "blurring" (a junior mark becomes associated with the famous mark’s product).

Cybersquatting:
can be defined as registering, selling, or using a domain name with bad-faith intent to profit from the good will of the trademark belonging to someone else. AntiCybersquatting laws have also been expanded to include cyberpiracy protection for individuals (See 15 U.S.C. Section 1129).


The following links below provide useful information on Trademarks, Trademark Cyberpiracy, Cybersquatting, and the AntiCybersquatting Consumer Protection Act (ACPA)
http://www.inta.org/basics/ip/infringement.shtml

http://www.tms.org/pubs/journals/JOM/matters/matters-0212.html

http://www.oppenheimer.com/news/content/david_mckinley.PDF

http://www.lclark.edu/~loren/cyberlaw99/projects/mcavity/text.html

http://www4.law.cornell.edu/uscode/15/1129.html

http://www.bitlaw.com/source/15usc/1129.html

http://www.bitlaw.com/source/15usc/index.html

http://www.gigalaw.com/library/anticybersquattingact-1999-11-29-p1.html

http://www.gcwf.com/articles/journal/jil_march00_1.html

http://www.patents.com/acpa.htm

http://www.phillipsnizer.com/int-anticyber.htm

http://www.keytlaw.com/urls/acpa.htm

http://www.sidley.com/cyberlaw/features/anticyber.asp

http://www.domainhandbook.com/tcpa.html

http://www.kilpatrickstockton.com/site/print/detail?Article_Id=616