Show how trademarks can be analyzed under the law
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Is there a registered or unregistered trademark?
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YES
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Is there a state anti-dilution law?
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NO
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Federal Law applies
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Is junior mark similar to senior mark?
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YES
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Is there likelihood of confusion
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NO
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YES
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NO
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NO
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YES
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No further action
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Apply state law
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There is no infringment
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Infringement if no defenses present
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Is there dilution?
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NO
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Is there a parody?
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YES
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Is the mark famous?
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Has dilution by blurring or tarnishment occurred?
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NO
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Is the mark famous?
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YES
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Is there a likelihood of harm?
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YES
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Liability for junior mark holder
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NO
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YES
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No liability
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Liability for junior mark holder
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Trademark Law
