Author Question: Hypothetical: ABC, Inc has found out that XYZ, Inc has registered a domain name with a misspelled ... (Read 10 times)

ssal · **on:** Aug 3, 2018

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

catron30 · **Reply #1 on:** Aug 3, 2018

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