Trademark cases examples [Last Infos]

Last updated : Aug 10, 2022

What are some examples of trademark infringement?

• Patents.
• Copyrights.
• Trademarks.

What are some 5 examples of trademarks?

• Under Armour®
• Twitter®
• It's finger lickin' good! ®
• Just do it®
• America runs on Dunkin'®

What are 4 examples of trademarks?

• Brand names like Apple, McDonald's, and Dolce & Gabbana.
• Product names like iPod and Big Mac.
• Company logos like the golden arches at McDonald's and NBC's peacock logo.
• Slogans like Capital One's "What's in your wallet?" and McDonald's "I'm lovin' it"

Which is a good example of a trademark?

Words. Coca-Cola is a perfect example of a word that is a trademark. Coca-Cola® is a famous trademark for, among other things, soft drinks. This mark is registered in standard character form and is not limited to a particular font style, size, or color.

What are 3 things that determine trademark infringement?

Thus, "use," "in commerce," and "likelihood of confusion" are three distinct elements necessary to establish a trademark infringement claim.

What violates a trademark?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

What is McDonald's trademark?

The word “McDonald's” is a trademark. We call this a standard character text trademark and it would be on its own USPTO trademark application if you wanted a federal registration for it. The Golden Arches is a logo, but this too is serving as a trademark. We refer to this as an image or stylized trademark.

What is trademark with example?

What is a Trademark? A trademark is a unique symbol or word(s) used to represent a business or its products. Once registered, that same symbol or series of words cannot be used by any other organization, forever, as long as it remains in use and proper paperwork and fees are paid.

What is Nike trademark?

Nike trademarks are trademarks owned by the leading shoe manufacturer. Companies like Nike use trademarks to protect their brand. With a trademark in place, a company can prevent unauthorized use of their intellectual property.

Is Nike Just Do It trademarked?

Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.

What kind of trademark is Apple?

But, Apple® has been registered as a trademark for computers. Apple® for computers is unique. Suggestive trademarks are words that suggest some quality of the goods or services, but don't state that quality of the goods or services outright.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

What is the most valuable trademark?

• Amazon – 416 Billion Dollars.
• Apple – 352 Billion Dollars.
• Microsoft – 327 Billion Dollars.
• Google – 324 Billion Dollars.
• Visa – 187 Billion Dollars.
• Alibaba – 153 Billion Dollars.
• Tencent – 151 Billion Dollars.
• Facebook – 147 Billion Dollars.

Can you trademark a name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

What are the 8 elements used to determine infringement of a trademark?

In determining the likelihood of confusion in trademark infringement actions the courts look to these eight factors: the similarity of the conflicting designations; the relatedness or proximity of the two companies' products or services; strength of the plaintiff's mark; marketing channels used; the degree of care ...

How do you prove a trademark is violated?

To establish infringement of a registered trademark, the plaintiff must prove a likelihood of confusion, which generally means that the average consumer of the goods or services at issue would conclude that the goods and services of the defendant originated from or were authorised by the trademark owner.

How do you fight a trademark infringement?

You may file a declaratory judgment lawsuit, asking a court to declare that your mark does not infringe the trademark owner's mark, and/or that the trademark owner's mark is invalid.

What is not protected by trademark laws?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

Can there be two trademarks with the same name?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

What is the punishment for trademark?

Criminal sanctions associated with trademark infringement can attract a prison sentence of up to 10 years or an unlimited fine. Not an insignificant deterrent to a potential offender.

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William King asks me on Quora is it legal to call your company a name that's based on an existing trademark name for example me go soft Bruegel fem bong my name is Andre mincha they found our trademark Factory and here's my answer to this question me go soft well I suppose it's based on Microsoft or my go soft amigo my go whatever Bruegel I suppose dad's based on Google and femme Poong I'm not really sure what femme Mun is about is it Facebook Facebook Bambang I don't know whatever it is so there's there's a few considerations here first of all of the industries the same as those other famous names if the industries are totally different if the products and services that you offer to the world are totally different from the products and services that those famous companies offer then you'd be able to get away with it probably without any big issues if the industry is the same then I'd be a lot more problematic the other thing to look at is how different are the actual names right so my ghost off for me go soft versus Microsoft I would say that's too close because the the the letters are the same the first letters so am I in the beginning and soft at the end and G also looks part of it at least looks like a C so visually it's very similar to Microsoft and so that that would probably not fly well with Microsoft and the judges or the trademarks office is not gonna let it fly now with Google Bruegel Google I mean it rhymes but because the first couple of letters are different you'd probably find it easier to get away with that and as for Pham bong I don't even know what femme bong is based on so my only assumption why it could be Facebook is because of the FA in the beginning but really that's usually not enough so it's probably okay now the last consideration I want to leave you with here is the further away your name is from the famous company the less juice that you're gonna get out of that similarity right and if your brand does not create the association with that famous name why even base your name on that famous name right but on the other hand if your brand raises that association with a famous name guess what's gonna happen they're gonna go after you and shut you down so really you got this dilemma here because the only way to get away from them going after you is to make your name so much different from theirs that it wouldn't associate in the public mind that your name wouldn't be associated in the public line with theirs and if you do that then there's no value in copying your name in basing your name on theirs because if nobody can make that mental link if nobody can see the connection then what's the point right and if somebody does see that connection it gives them the ammunition to go after you for trademark infringement so you're really in a lose-lose situation because the only way to get a free ride on their popularity is to have a brand that's too close to theirs which probably gonna result in you being shot down and if you can't create that then what's the point so one thing I always recommend is when you're building a business you gotta own the brand you've got to own your own brand you gotta own a brand that's unique that's memorable and that's well-protected because otherwise you're just building a business that doesn't own its own brand it's a business on very shaky foundation and if your business is ever going to have a chance of becoming successful not owning your own brand is gonna be a massive problem for you it's gonna be a problem this is gonna cost you a lot more than getting a trademark on your business and that's the problem that really you you're gonna see long before your business becomes huge because the cost of acquiring customers the cost of marketing the cost of advertising the cost of making sure that people know that you exist the cost of standing out from your competition is so much greater when you don't have a brand that you own that's the reason why every successful company owns their own brand that's why every successful company owns a trademark and many of them own multiple that's the reason why because they want to be able to capitalize on the brand they want their brand to work for them and it's very difficult to accomplish that if all you're trying to do is just copy somebody else's brand Sophia Smith asks me on Quora do you need both a trademark and a copyright for your store and brand that really all depends that really all depends first you need to understand the difference between trade box and copyright so trademarks protect the brand they protect the name of the business to protect the names of the products they protect the names of the services that you offer they may protect logos they may protect taglines so for your store and brand that's what you would protect with trademarks copyright is typically only for protecting content but it's books videos you know software music photos stuff like that and the there is some overlaps in case of logos because you can own both the copyright in the logo and a trademark and it will protect different things but from the business perspective you would rarely own copyright unless you're the content generation business or I mean look every time you post an ad somewhere it is protected by copyright but you don't need to worry about it because copyright is protected automatically there are situations when it's a good idea to register copyright but only as I mentioned if you are in a content distribution business for example when you sell courses or if you if you're a publisher and you sold books or if you're a you know music company then you would be worried about copyrights primarily outside of that if you're a regular businesses you got a store you sell something then you're typically only dealing with trademarks James Collins asks meal and kora how can I trademark my own name is it possible the personal names are tricky and they're dealt with different things different countries but the rule of thumb is the more common your name is the harder it is to trade market and for a good reason because trademarks by definition allow you to stop others from using the same or similar name in association with the same or similar products and services so if your name is John Smith and you get a trademark on John Smith let's say for accounting services then that would allow you to stop all the other John Smith's from using their names in business if they were to go to become accountants and again in theory that's not right so that's the general rule right so the more common the name the harder it is to trade market but again different countries treat this differently for example in Canada they look at whether the name appears more than a certain number of times in the the white pages right so the book for every big city they look at and if they find a city where the name is common enough where you can find it more than a certain number of times I believe it's 25 so there are more than 25 John Smith's there then you cannot trade market and in the US it's slightly different they require what's called secondary meaning you have to show to the trademarks office

Thanks for your comment Josef Risby, have a nice day.
- Jeraldine Bergh, Staff Member

hey everybody my name is marcela dominguez and if you are new here i am a trademark lawyer helping small and medium-sized companies with their brands logos slogans and taglines and i have been doing so since about 2014. so i'm super excited that you're here in today's video we're actually going to play a fun little game where we talk about trademark infringement trademark infringement what is it does it mean that somebody has to be copying my name is trademark infringement all about copying my logo design what does trademark infringement even mean so stay with us because we're going to play a fun little game where we're going to show you two pictures side by side you have to tell me in the comments below whether you think it is trademark infringement or not you see these are all based on real life trademark infringement stories cases that have come before different courts so i want you to decide i want you to be the judge in today's trademark infringement court and let me know whether you think one of these logos was actually infringing on the first to use and if you want to learn more about trademark infringement make sure that you watch this video right here where i talk in detail and at length about trademark infringement what it means to be a trademark infringer but what if you're on the opposite side and somebody has taken your logo your slogan or your tagline and are now using it on their products or services what do you do about it what should you do about it and now back to our gameso what did you all think did you like that game i love showing examples of trademark infringement cases actual cases because then it gives you guys a better understanding of what's actually happening in our day-to-day lives in terms of trademark infringement people who are going through trademark tarnishments people ripping off each other's logos sometimes even ripping off each other's names just for some more notoriety some more marketing or sometimes the infringer doesn't even know they're infringing anyway i hope this video was helpful and useful because i like highlighting real world examples so that you understand how trademarks play out on a day-to-day basis and you get to see what big brands are doing in order to protect their ip assets trademarks aren't just about registering your name and leaving it at that if you want to build a strong brand then it's all about protecting your ip and these are just examples of cases that have come before courts where brands are willing to stand up to the person who is infringing and say hey you can't do that and i'm gonna take it as far as i can to prove it to you that you are wrong and you're going to pay me damages so if one of these stories stood out to you or one of these cases stood out to you then make sure you tell me in the comments below if you think someone in particular was infringing and it was very very obvious and maybe you disagree with the outcome of one of the cases but either way we'll leave the outcome to one of the other videos i just want you to be the judge in this game of trademark infringement until next time

Thanks iamoreod your participation is very much appreciated
- Jeraldine Bergh

About the author

Jeraldine Bergh

I've studied categorization at Valley City State University in Valley City and I am an expert in community psychology. I usually feel satisfied. My previous job was etchers and engravers I held this position for 17 years, I love talking about sociology and stargazing. Huge fan of Scott Eastwood I practice rowing and collect match-related items.