This case is an example of trademark violation because the defendant used a logo that closely resembled the plaintiff's registered trademark, causing confusion among consumers and potentially harming the plaintiff's brand reputation and sales.
Yes, except there can be additional charges of fraud if it can be shown that the trademark violation was committed with the intent to defraud consumers.
It would be a trademark violation, which is similar.
No. But, in all likelihood it would be a violation of trademark
Briefly: it was a case which alleged a violation of trademark rights brought against a seller of domain names (a cyber-squatter). The court found (IN THIS PARTICULAR INSTANCE) that no such trademark infringement occurred. See: http://itlaw.wikia.com/wiki/Bird_v._Parsons If the questioner attaches any importance to this decision it is up to THEM to make their own argument.
The classic example of a trademark is the Nike swoosh. Another example is the apple logo of Apple Computers. You can find many more at the Trademark Office website.
Depends upon what court the action originates in. If a trademark case is brought in state court, a state court of appeals would hear the appeal. If a copyright license case is in state court, same rule. If a copyright or trademark case is in federal court, then a federal circuit court of appeals would hear it. If it is a case of a trademark registration appeal, it would be taken to the Trademark Trials and Appeals Board and could end up in the Court of Appeals for the Federal Circuit (CAFC).
What do you think?.......Before you use or reproduce this artwork in any manner, you agree to obtain the express permission of the copyright and/or trademark holder. Failure to obtain such permission is a violation of international copyright and trademark laws subject to specific financial and criminal penalties.
You would need permission to alter the logo to begin with.
only if the victim waives the hearing. or if there is a second violation
Perry Mason - 1957 The Case of the Tarnished Trademark 5-18 was released on: USA: 20 January 1962
To trademark a phrase, normally you will first establish that you're using it in commerce (as a business name or slogan, for example). Then register with the trademark office of all countries in which you intend to do business.
In order to use the trademark symbol, you need to have registered the design with the trademark office. When you license your image for use by the band, you can specify, for example, how large the trademark symbol must appear, etc.