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

Using Your Manager Skills - Assignment ExampleFor an individual, company or firm to establish a claim of trademark infringement under the Lanham Act, the plaintiff must show that they possess a valid and legally protected mark and the suspect employ the mark in duty to advertise other goods without the consent of the owner. They must also establish that they own the mark. Lastly, as Palladino (2011) argues, the plaintiff must establish that the defendants mapping of the mark is likely to cause confusion among the consumers as to the affiliation, connection or origin of the goods or services. Thus, use, in commerce and likeliness 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 whitethorn involve in commerce or likelihood of confusion may not qualify to violate the Lanham Act without the use. The use element offers a limiting function to preventing the trademark holder from exercising a cosmopolitan 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 central 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 detail that Safe Choices have a federal registration for the trademark Safe Pack, and confusion may arise among consumers may help