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| Re: NY MTA Claims SFMTA Parody Infringes on Trademarks (829416) | |||
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Re: NY MTA Claims SFMTA Parody Infringes on Trademarks |
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Posted by Subterranean Railway on Fri Sep 4 20:17:10 2009, in response to Re: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by metropod on Fri Sep 4 12:43:05 2009. According to Subchapter I, § 1052, of the Lanham Act, a trademark "which resembles . . . a mark or trade name previously used . . . by another [which will] likely, when used on or in connection with the goods of the applicant, cause confusion, mistake, or deception . . . to result from the continued use by more than one person of the same or similar marks . . . " shall be infringing.To go back to your example, M&M-shaped dolls could easily be confused with actual Mars Inc. merchandise, and would constitute infringement, whereas M&M Computers probably would not.   As an extreme example, I could start a textiles company called Micro Soft Fibers and probably not infringe on the software giant's trademark. However, I certainly could not appropriate Microsoft's logo for my own company. |
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