This topic contains a solution. Click here to go to the answer

Author Question: Hypothetical: ABC, Inc has found out that XYZ, Inc has registered a domain name with a misspelled ... (Read 30 times)

ssal

  • Hero Member
  • *****
  • Posts: 572
Hypothetical: ABC, Inc has found out that XYZ, Inc has registered a domain name with a misspelled word of one of ABC, Inc's brands. ABC, Inc now wants to bring a trademark infringement action against XYZ, Inc Discuss what ABC, Inc will need to do to prevail in a trademark infringement action against XYZ, Inc What remedies could ABC, Inc seek?
 
  What will be an ideal response?

Question 2

Experts are people whose background, education, experience, and skill level allow them to be qualified in the eyes of the court to provide opinion testimony.
 
  Indicate whether the statement is true or false



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

catron30

  • Sr. Member
  • ****
  • Posts: 297
Answer to Question 1

In a trademark infringement action, ABC, Inc. will need to establish: (1) the plaintiff has a valid mark that is entitled to protection under the Lanham Act; and that (2) the defendant used the mark, (3) in commerce, (4) in connection with the sale . . . or advertising of goods or services, . . . without the plaintiff's consent. An injunction is the usual and standard remedy once trademark infringement has been found. The Lanham Act also allows ABC, Inc. to recover
(1) the defendant's profits, (2) any damages sustained by the plaintiff, and (3) the costs of
the action, including attorney's fees. The Lanham Act also allows for enhanced statutory
damages for willful infringement. An argument could be made that XYZ. Inc. has willfully infringement on the mark of ABC, Inc. in this situation by using a variant spelling.

Answer to Question 2

TRUE




ssal

  • Member
  • Posts: 572
Reply 2 on: Aug 3, 2018
Great answer, keep it coming :)


softEldritch

  • Member
  • Posts: 334
Reply 3 on: Yesterday
Thanks for the timely response, appreciate it

 

Did you know?

Your chance of developing a kidney stone is 1 in 10. In recent years, approximately 3.7 million people in the United States were diagnosed with a kidney disease.

Did you know?

Since 1988, the CDC has reported a 99% reduction in bacterial meningitis caused by Haemophilus influenzae, due to the introduction of the vaccine against it.

Did you know?

Between 1999 and 2012, American adults with high total cholesterol decreased from 18.3% to 12.9%

Did you know?

The Centers for Disease Control and Prevention (CDC) was originally known as the Communicable Disease Center, which was formed to fight malaria. It was originally headquartered in Atlanta, Georgia, since the Southern states faced the worst threat from malaria.

Did you know?

Most strokes are caused when blood clots move to a blood vessel in the brain and block blood flow to that area. Thrombolytic therapy can be used to dissolve the clot quickly. If given within 3 hours of the first stroke symptoms, this therapy can help limit stroke damage and disability.

For a complete list of videos, visit our video library