Trademark

Trademark law protects words, names, symbols, sounds, or colors that distinguish goods and services from those of competitors. The purpose of trademark law is twofold: first, it protects the public in the marketplace by ensuring that it gets what it pays for and wants to receive; second, it protects the owner — who has spent time, money, and energy bringing the product to the marketplace — against piracy and misappropriation.

Trademarks have been extended from single words to pictures, shapes, packaging, and colors. Some things may not be trademarked, such as common words that are merely descriptive (e.g. 'clock'). Federal trademarks are obtained by use in interstate commerce and registration with the USPTO. Federal trademarks are granted for 10 years and can be renewed indefinitely, as long as the mark remains in use.

Disputes over federal trademarks involve establishing infringement. The test for infringement is twofold: market confusion and bad faith. Use of a trademark that creates confusion with existing trademarks, causes consumers to make market mistakes, or misrepresents the origins of goods is an infringement. In 2015, Multi Time Machine sued Amazon for confusing consumers looking to buy MTM watches.

The intentional misuse of words and symbols to extort revenue from legitimate trademark owners ('bad faith') is proscribed. In 1995, Congress passed the Federal Trademark Dilution Act (FTDA), creating a federal cause of action for dilution of famous marks. In 2006, the Trademark Dilution Revision Act (TDRA) allowed a trademark owner to file a claim based on a 'likelihood of dilution' standard, including blurring and tarnishment.