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3 Commercial Detriment of Another
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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 employee evidence federal identify identity Illustration inherently distinctive injunctive relief intent laches Lanham Act license likelihood of confusion limited manufacturer McCarthy ment misrepresentation monetary relief ordinarily party patent person plaintiff prior user priority proof prospective purchasers 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 Tm.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