The standard is "likelihood of confusion." To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant's intent.
In other words, if you want to sell shirts that say Sasquatch on a street corner in San Diego, go for it.
Post by interstateeight on Jan 8, 2011 13:04:58 GMT -5
Oh my god, know, why the fuck would you do that? I took Intellectual Property last semester and had planned on never thinking about the elements of trademark infringement again for the rest of my life.
1sttimer, don't be a snide little bitch -- you don't think Sasquatch can trademark that name? Well, here's knowidyuh to do some simple, basic footwork to show you that, uh, it's a little more complicated than "they can't copyright the name sasquatch."
Sweet jesus, it's all flooding back to me now. Cases about speedboats named "Sleekcraft" and "Slickcraft," New Kids on the Block suing magazines for having 900 number polls to determine who was the sexiest Kid, shit. This is awful. I hate you, know.
Anyway, back to the new girl: He's not taking it a little too seriously. If anything, YOU ARE NOT TAKING THIS SERIOUSLY ENOUGH. If you honestly intend to take your little fashion line beyond your bedroom, you should be aware of how easily Sasquatch can approach you, say a number of words you will not understand but which will likely feature "cease" and/or "desist," and then aw crap you're not making any money after putting a whole bunch of money into your shirts.
Post by The Horned Grandmother on Jan 8, 2011 14:47:28 GMT -5
I don't get it. People come to this board because they rightly (usually) presume that we more or less know what we're talking about when it comes to Sasquatch, and when they don't like what they hear they bitch out on us. Even I have been trying to be a little more tactful with the clueless dolts this place seems to attract with increasing frequency.
I've started dividing them into three categories: the ones who don't actually want to go to the festival, the ones who want to get themselves arrested, and the ones who want to get themselves killed.