Trademarks and avoiding consumer confusion

Help us make sound decision about the products we need and want

Protect us from knock off goods

Is any word, name, symbol, or device used to identify and distinguish goods from those manufactured or sold by others, and to indicate the source of the goods even if that source is unknown

You often knew exactly who was making your stuff, and know how it was made

Asure you that you’re buying the same product

The rationale for granting legal protection for trademarks is that ____________

Functions like a consumer protection measure

Prevents consumer confusion, and makes it easier for consumers to select and purchase the goods and service they want

Provides congress with the authority to regulate and protect copyright and patents

Though trademarks are often classified as_____

The supreme court held where congress has no power to protect or regulate trademarks under the intellectual property clause of the constitution

Gives the congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes

Very similar to trademarks in that they distinguish one particular service

Is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers

Trade dress or product packaging is protected if it’s _______ and ________

Limits on what can be a valid trademark

Requirements for trademarks

Trademark distinctiveness

Receive automatic protection upon use

Never entitled to protection

What does “TM” means?

What does “r” means?

Benefits only famous trademarks against a weakening of their valuable distinctive quality

Types of dilution

Happens when a similar trademark chips away the distinctiveness of a famous trademark

Happens when similarity between a mark or trade name and a famous mark harms the reputation of the famous mark

7th Circuit Court of the United States’ definition