Trademarks, Reputation, and Goodwill

Introduction

Rayan F. Coutinho, Ph.D.Brands are everywhere these days – in your neighborhood supermarket, in your newspaper, in the SME® magazine and in this Queen City BulletinTM. Development of a brand through advertising, promotion and sales would be extremely difficult without the concept of trademarks. In its simplest sense, a trademark is a “source identifier” i.e. it identifies your brand. Trademarks are governed by federal statutes (e.g. Lanham Act and Anticybersquatting Consumer Protection Act), state statutes (e.g. Ohio Deceptive Trade Practices Act) and common law (judge made law based on cases). Because the law of trademarks in most states is based on the same principles as federal law, this article will focus only on the Lanham Act.

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