Using Your Manager Skills Assignment Example | Topics and Well Written Essays - 750 words

Using Your Manager Skills - Assignment precedentFor an individual, company or firm to establish a claim of trademark misdemeanor under the Lanham Act, the complainant must show that they possess a valid and legally protected mark and the defendant use the mark in craft to advertise other goods without the consent of the experienceer. They must also establish that they own the mark. Lastly, as Palladino (2011) argues, the plaintiff must establish that the defendants use of the mark is likely to apparent movement wonder among the consumers as to the affiliation, connection or origin of the goods or services. Thus, use, in commerce and likelihood to cause confusion are distinct elements essential in establishing a trademark infringement claimThe plaintiff must establish that the use of a trademark by an alleged infringer to be a threshold matter. This is because activities that may involve in commerce or likelihood of confusion may not qualify to violate the Lanham Act without the use. The use element offers a limiting wait on to preventing the trademark holder from exercising a general right to control language. The requirement to establish a claim that an infringer is using a trademark in commerce is derived from Lanham Laws basis in the power of the Congress to regulate interstate commerce. The Lanham Act describes the various activities that meet the in commerce requirements. The telephone exchange focus of any infringement claim is the likelihood of confusion requirement. According to Rechman & Cannady (2002), a likelihood of confusion usually exists when consumers viewing the mark would assume that it comes from different like of products identified with a similar mark.The particular that Safe Choices have a federal registration for the trademark Safe Pack, and confusion may arise among consumers may help