Trademark Infringement
Rule Marks are trade names, symbols, word, logos, designs, or devices used to identify goods of a manufacturer. Submission of theses marks to the U.S. Patent and Trademark Office (PTO) registers trademarks. Intel is a registered trademark for an entire line of products and services. The company, Intel Corporation owns many marks incorporating its INTEL mark. Trademark infringement laws are in violation if an unauthorized use of the mark. Cheeseman (2013) stated, “Trademark infringement is the unauthorized use of another’s mark. The holder may recover damages and other remedies from the infringer.” (p. 135). Using the brand causes confusion, misconception, and mistaken identity of products. Intelsys Software LLC infringed on Intel’s trademarks, and service marks, which was a violation of the Lanham Act. The Lanham Act is a federal statute, which establishes requirements for obtaining a federal mark, and protects trademarks from infringement. (Cheeseman, 2013). Recovering from infringement can include profits made by the infringer through the use of the mark. Compensation for damages causes to plaintiff’s business and reputation. Eliminating all goods containing an unauthorized mark, preventing infringement in the future.
Analysis
Intel owns the rights to the Intel Corporation trademark, thus Intel can sue Intelsys Software, LLC for trademark infringement under 15 U.S.C. 1114, 1125. Justia (2013) stated, "To establish trademark infringement, Intel had to prove that Intelsys use of the trademark in connection with the sale of a good or service is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods." Both Intel Corporation and Intelsys, LLC are computer software companies and have the same consumer base. The similarity is unmistakable and the chance of confusion by the customer is greater. Intel and Intelsys are two computer software companies doing
Analysis
Intel owns the rights to the Intel Corporation trademark, thus Intel can sue Intelsys Software, LLC for trademark infringement under 15 U.S.C. 1114, 1125. Justia (2013) stated, "To establish trademark infringement, Intel had to prove that Intelsys use of the trademark in connection with the sale of a good or service is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods." Both Intel Corporation and Intelsys, LLC are computer software companies and have the same consumer base. The similarity is unmistakable and the chance of confusion by the customer is greater. Intel and Intelsys are two computer software companies doing