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