Restatement of the Law, Unfair Competition: Tentative Draft, Issue 1 |
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11th Cir 2d Cir 7th Cir acquired action actor advertising aff'd American Law Institute another's applicable appropriation assignment associated award cert certification mark collective mark commercial common law consumers contributory liability Corp courts damages deceptive marketing defendant defendant's profits denied descriptive designation disclosure Draft employee evidence federal Illustration inherently distinctive injunctive relief intent laches Lanham Act license likelihood of confusion manufacturer McCarthy ment misrepresentation monetary relief ordinarily party patent person plaintiff prior user priority proof prospective purchasers protection recognized registration relevant remedy representation Restatement of Torts right of publicity rule scope secondary meaning Section significance statutes statutory subject to liability subsequent user Supp supra tion tive Tr.App.Bd trade dress trade name trade secret Trade Secrets Act trademark infringement trademark owner trademark rights unauthorized unclean hands unfair competition Uniform Trade Secrets unjust enrichment user's York