TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P10

Gale Encyclopedia of American Law Volume 10 P10 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 78 TRADEMARKS name for a type of goods the mark is no longer distinctive and the rights to it are lost. The owner of trademark rights must be vigilant to ensure that this does not occur. For instance the Rollerblade company introduced a new product of roller skates where the wheels are arranged in a single line offering performance similar to the blade on an ice skate rather than side by side. Initially Rollerblade was the only company selling this type of skates and the name Rollerblade became widely known. When competing producers of this new skate emerged on the marketplace the consuming public often used the word rollerblade to describe the type of skates no matter which company was making and selling them. Further the public often called the activity of using such skates no matter the manufacturer rollerblading. The Rollerblade company spent millions of dollars in advertising and lawsuits to ensure that the trademark Rollerblade was not used to describe a product whose proper generic name is in-line skates. To protect its rights to the trademark the Rollerblade company must actively oppose any use by competitors or consumers of the words rollerblade or rollerblading to describe generic in-line skates and the activity of in-line skating. Registrants forfeit rights to their marks if they use them deceptively use them in fraudulent trades or abandon them. Registrants abandon their marks by failing to renew within ten years or by deliberately transferring rights with consent. Trademark Infringement Once they have established their trademarks owners have the duty to guard against infringement and to be vigilant to preserve and protect their rights. The Lanham Act aids owners in protecting their rights and protects consumers from being tricked or confused by misleading marks. The six most common causes of action in infringement lawsuits are 1 infringing on a plaintiffs registered trademark 2 undermining a plaintiff s unregistered mark in a manner that affects .

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