Trademark infringement

“ In a case of this kind, however, causation can be shown indirectly; it does not depend on evidence that particular Betamax owners relied on particular advertisements. In an analogous case decided just two Terms ago, this Court approved a lower court’s conclusion that liability for contributory trademark infringement could be imposed on a manufacturer who “suggested, even by implication” that a retailer use the manufacturer’s goods to infringe the trademark of another. ”

“ This is now widely recognized, as is evident from the fact that in all foreign countries which have trademark laws, and indeed in nearly all of the States of the United States, the willful infringement of a trademark is by express provision of statute law made an offense punishable by fine and imprisonment. Yet under the common law of trademarks, as it is understood to-day by the United States courts, the owner of a trademark is afforded no protection against infringers, save that of damages and injunction. ”

“ Decisions in copyright infringement actions against Doe defendants are no exception to this trend, nor should they be. Allegations of copyright infringement are no more inherently reliable than allegations of trademark infringement or defamation. Thus, in Sony Entertainment v. Does, a copyright case, the court weighed five factors prior to enforcing a Rule 45 subpoena against the anonymous defendants: “ (1) [the existence of] a concrete showing of a prima facie claim of actionable harm ... (2) specificity of the discovery request ... ”

“ Each Party confirms that the enforcement procedures set forth in Article 18.74 (Civil and Administrative Procedures and Remedies) , Article 18.75 (Provisional Measures) and Article 18.77 (Criminal Procedures and Penalties) shall be available to the same extent with respect to acts of trademark infringement, as well as copyright or related rights infringement, in the digital environment.
3. Each Party shall ensure that its procedures concerning the enforcement of intellectual property rights are fair and equitable. ”

“ And, there appears to be a vast "first contact" literature that considers an indigenous people's "first contact" with another civilization. In sum, plaintiffs' trademark infringement, trademark dilution, and misappropriation n26 claims must fail, as FIRST CONTACT is not entitled to trademark protection. Similarly, plaintiffs' claim for the cancellation of defendant's mark relies on plaintiffs' prior use of FIRST CONTACT, a use which, for the reasons noted, lacks trademark significance. ”

“ Copyright piracy and trademark infringement are rampant. Although police and Ministry of Culture officials have increased anti-piracy activities over the past year, enforcement of copyright and trademark laws remains inadequate. We urge the Government of Egypt to work more closely with right-holders to ensure effective enforcement of existing laws and to bring its patent regime into conformity with international obligations as soon as possible. ”

“ The Bad Spaniels marks, the court held, fell within that exemption because the toy communicated a message—a kind of parody—about Jack Daniel’s.
Today, we reject both conclusions. The infringement issue is the more substantial. In addressing it, we do not decide whether the threshold inquiry applied in the Court of Appeals is ever warranted. We hold only that it is not appropriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark. ”

“ Where an owner of a trademark right or an exclusive licensee claims compensation from a person who has intentionally or negligently infringed on the trademark right or the exclusive license due to damages caused to him by such infringement, the profits gained by the infringer by the infringement shall be presumed to be the amount of damage suffered by the owner of the trademark right or exclusive licensee. ”

“ In August 2004, pursuant to China's JCCT commitments, the State Council announced a year-long national campaign to crack down on IPR infringements in sectors where trademark counterfeiting and copyright infringement are concentrated, including import and export activities, trade fairs and exhibitions, distribution and wholesale markets, brand name processing and publishing. On March 31, 2005 Vice Premier Wu Yi extended this campaign until the end of 2005. ”

“ Article 57
⁠Where a trademark registrant or interested party who has evidence to show that another person is committing or will commit an infringement of the right to use its or his registered trademark, and that failure to promptly stop the infringement will cause irreparable damages to its or his legitimate rights and interests, it or he may file an application with the People's Court to order cessation of the relevant act and to take measures for property preservation before instituting legal proceedings in the People's Court. ”

“ It simply says that whoever shall violate a trademark shall be liable to an action of damages. He is so without any statute. If any action what- [Page 99] ever is needed on the part of Congress, it is to make the law more stringent than is the common law. If any man should use a trademark fraudulently that is a misdemeanor; that is obtaining money under false pretenses. It is not like the case of an infringement of a patent, which a man may do without knowledge that a patent exists ”

“ In Nevada a penal law was passed in 1865. Registration was provided for; fees, $20. Infringement was punished as a misdemeanor.
In Kansas "An act to prevent the counterfeiting, changing, or destroying trademarks, devices, and brands" took effect May 31, 1866. It provided that the infringer should pay to the owner of the trademark not exceeding $25 for each offense.
In Maine a law was passed in 1866 (chap. 10) making infringers liable to damages and giving power to the supreme court to grant injunctions. ”

“ Wired for Sound Karaoke & DJ Services, LLC, 845 F.3d 1246, 1250 (9th Cir. 2017) (per curiam) (finding no “alleg [ation of] consumer confusion over the origin of a good properly cognizable in a claim of trademark infringement”) .
Given that ASTM alleges that PRO is distributing meaningfully inferior versions of the technical standards under ASTM’s trademark and given trademark law’s concern for “discourag [ing] those who hope to sell inferior products by capitalizing on a consumer’s inability quickly to evaluate the quality of an item offered for sale,” Qualitex, 514 U.S. at 164, 115 S.Ct. ”

“ As the conditions of commerce improved, particularly the facilities for intercommunication between distant places, by which it was made possible for manufacturers to compete with others than those in their immediate neighborhood, the importance of the protection of trademarks began to be recognized and the British courts found it necessary to the protection of honest trade and the prevention of fraud to interpose by injunction to prevent their infringement. ”

“ It thus appears that petitioner has alleged no cause of action unde the Copyright Law and is not entitled to the benefits of registration under the Trademark Law. The only cause of action that this record could possibly support is for unfair competition and common law 'trademark infringement', to which local law applies. See Fashion Guild v. ”

“ Once a medicine is manufactured in Tunisia, its importation is restricted, hindering access to the market for U.S. firms. Trademarks such as those associated with apparel, and copyrighted works such as software, recordings, and movies, suffer from infringement. We look to Tunisia to improve enforcement of its copyright and trademark laws, and to move toward providing patent protection for pharmaceutical products. ”

“ The unauthorized registration may infringe upon the distribution order of a fair and creditable product because such trademarks free-ride on the fame of the deceased and as a result has unfairly absorbed the consumer's purchase. So such trademark can be properly viewed as within the purview of Item 4 of Paragraph 1 of Article 7 of the Trademark Act. In such a case, had the artist been alive, it amounts to an infringement of personal rights as an artist to use the artist's signature indicating artworks as his or her own by means of unauthorized registration and proclamation. ”

“ Trademark infringement continues to be a serious problem as well, affecting a wide range of industries and products. The slow progress of cases through the judicial system and few prosecutions make it difficult to combat counterfeiting and piracy. Counterfeit pharmaceutical products are a particular concern. In addition to strengthening patent protection for pharmaceutical products, Malaysia also needs to protect confidential test data and pharmaceutical products by linking the marketing approval process to the patent registration process. ”

“ Article 54
⁠The administrative authority for industry and commerce has the power to investigate and handle any act of infringement of the exclusive right to use a registered trademark according to law; where the case is so serious as to constitute a crime, it shall be transferred to the judicial authority for handling. ”

“ The right to the mark may be perpetual, provided the manufacture and sale of the goods continue. If the business is abandoned the right to the trademark ceases to exist.
TRADEMARK TREATIES. All of the countries of the world which are large exporters of manufactured articles have found it of vital importance to their export trade to secure through diplomatic action from the countries in which their manufactures find a market assurance that the trademarks of their citizens or subjects should be protected against infringement. ”

“ IPR infringement, including trademark counterfeiting and copyright piracy, [1] causes significant financial losses for rights holders and legitimate businesses around the world. It undermines U.S. comparative advantages in innovation and creativity, to the detriment of American businesses and workers. In its most pernicious forms, IPR infringement endangers the public. Some counterfeit products, including semiconductors, automobile parts, and medicines, pose significant risks to consumer health and safety. ”

“ An award of damages against a willful infringer is clearly an inadequate punishment of the fraud of which he has been guilty, and is not sufficient to deter others from infringement. An injunction against further infringement is not greatly feared by those who deliberately counterfeit another's mark, and at best is effective only as to the future and as to the persons specially named in it. The willful counterfeiter of another's mark is entitled to no better treatment than the criminal who takes the goods of another. ”

“ Into whatever markets the use of a trademark has extended, or its meaning has become known, there will the manufacturer or trader whose trade is pirated by an infringing use be entitled to protection and redress. But this is not to say that the proprietor of a trademark, good in the markets where it has been employed, can monopolize markets that his trade has never reached, and where the mark signifies not his goods, but those of another. ”

“ As the common law of the several states has the same origin for the most part, and as their law concerning trademarks and unfair competition is the same in its general features, it is natural and very generally correct to say that trademarks acknowledge no territorial limits. But it never should be forgotten, and in this case it is important to remember, that when a trademark started in one state in recognized in another it is by the authority of a new sovereignty that gives its sanction to the right. The new sovereignty is not a passive figurehead. ”

“ The nefarious but lucrative business of pirating or counterfeiting genuine trademark goods has too long nourished unchecked to the incalculable injury of every consumer, of every honest merchant, manufacturer, and trader, and has extensively multiplied costly and tedious litigation. ”

“ However, the United States remains concerned about continued high losses experienced by U.S. copyright and trademark-based industries and the absence of long-awaited revised intellectual property rights legislation. U.S. industry has expressed frustration with the lack of transparency in the enforcement system, procedural hurdles to judicial enforcement, and the absence of deterrent penalties. ”

“ Mandatory requirements to record trademark licenses are another concern, as they frequently impose unnecessary burdens, both administrative and financial, on trademark owners and create difficulty in the enforcement and maintenance of trademark rights. ”

“ In cases in which the goods are not destroyed, each Party shall ensure that, except in exceptional circumstances, the goods are disposed of outside the channels of commerce in such a manner as to avoid any harm to the right holder. In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit the release of the goods into the channels of commerce. ”

“ A trademark only gives the right to prohibit the use of it so far as to protect the owner’s goodwill against the sale of another’s product as his. ... When the mark is used in a way that does not deceive the public we see no such sanctity in the word as to prevent its being used to tell the truth. ”

“ It is generally conceded that there is not at present sufficient protection to trademarks. The public generally, the honest manufacturers, and honest dealers throughout the country are being constantly swindled by counterfeit trade-marks. The law of 1870, providing a general system for the registration of trade-marks and designed to afford better protection by giving right of action in United States courts to recover damages for counterfeiting and providing the remedy by enjoining counterfeiters, has not proved sufficient. ”