Ditommaso Law
It is a common practice for companies to trademark images or phrases used in conjunction with the sale and marketing of a product. Trademarks can be registered with the state or federal government, and once a company registers a trademark, anyone that uses that trademark or a mark that is substantially similar on competing goods can be liable for trademark infringement. Under both state and federal laws, whether a claim for trademark infringement is successful mainly turns on whether the allegedly infringing mark is likely to confuse consumers as to the source of the product and therefore; weakens the value of the trademark and harms the company that holds the trademark. Similarly, product disparagement is the term used for a false or misleading statement about a product, which can...
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