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  2. The federal government holds the power to regulate trademarks under the Commerce Clause of the Constitution, although states may regulate trademarks as well. A trademark must be sufficiently distinctive to be protected. Trademarks are divided into the following categories: Fanciful marks: these were invented specifically for trademark purposes

  3. A small percentage of trademarks achieve an exalted status that affords them broader legal protection - they become famous marks. This article analyzes what constitutes a famous mark, why these trademarks receive expanded rights, and how companies can position their own brands on the path to fame.

  4. Feb 7, 2022 · Under federal trademark law, trademarks that are deemed to be “famous” are entitled to extra legal protection. Whether a trademark is “famous” is a factual determination that includes these non-exhaustive statutory factors:

  5. Famous trademarks enjoy a broad scope of legal protection because they are more likely to be associated and remembered in the public's mind. The Trademark Trial and Appeal Board (the "Board") has determined that multiple marks are famous including: (1) GOOGLE for search engine services; (2) KOHLER for plumbing fixtures; (3) GATORADE for energy ...

  6. The District Court rejected both of VIP’s contentions for a common reason: because VIP had used the cribbed Jack Daniel’s features as trademarks—i.e., to identify the source of its own products.

  7. Apr 24, 2024 · A trademark can be essential protection against rival competitors stealing a successful business plan without paying compensation. Trademark infringement frequently occurs in the business world.

  8. Mar 26, 2008 · On March 4, 2003, the U.S. Supreme Court delivered a blow to famous trademarks. In a unanimous ruling against Victoria Secret in its claim against a mom and pop Kentucky store selling lingerie and adult novelties under the brand "Victor's Little Secret", the court required a showing of actual damage from "blurring and eroding the ...

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