By John D. Ashcroft, Janet Ashcroft
Legislation FOR enterprise bargains a realistic method of legislation that emphasizes present, proper issues you must reach modern company. circumstances during the textual content spotlight concerns akin to trademark infringement, machine tampering, toxins, service provider, and employment-at-will. Plus, well timed assurance of industrial ethics and the legislation promises new perception into contemporary company scandals and indictments. Ashcroft and Ashcroft use brief chapters, a four-color layout, real-world examples and functions, and built-in studying goals to make enterprise legislation approachable and fascinating for all scholars.
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Additional resources for Cengage Advantage Books: Law for Business (Thomson Advantage Books)
2. 3. 4. 5. 6. 7. 8. The similarity of the two marks The similarity of the products represented by the marks The similarity of marketing and customers The similarity and amount of advertising used The area of overlapping use The intent of the parties in adopting the marks The strength of the marks Actual confusion by the public 25 Confusion of Source Representing goods or services as those of another Trademark Word, symbol, device, or combination of them used to identify and distinguish goods Secondary Meaning Special meaning of a mark that distinguishes goods Trademark or Trade Name Infringement Unauthorized use or imitation of another’s mark or name 26 Part 1 The Legal System and the Legal Environment of Business The imitation of another’s trademark is not always done to cause confusion and does not always lead to infringement.
2. 3. 4. Special federal courts Federal district courts Federal courts of appeals United States Supreme Court Special Federal Courts. The special federal courts are limited in their jurisdiction by the laws of Congress creating them. For example, the Court of International Trade hears cases involving the rates of duty on various classes of imported goods, the collection of the revenues, and similar controversies. S. S. government. The Tax Court hears only cases involving tax controversies. Bankruptcy courts decide bankruptcy cases.
Not all words or symbols qualify for protection as trademarks. Only those marks used by a business in a way that identiﬁes its goods or services and differentiates them from others are entitled to protection. The mark normally must be inherently distinctive, which means that the mark is unique, arbitrary, and nondescriptive. A mark that is not so distinctive may be a trademark if it has acquired a secondary meaning. A secondary meaning is a special or trade meaning developed by usage that distinguishes the goods or services in such a way as to warrant trademark protection.