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Simply green products are a company that manufactures biodegradable packaging materials, and packaging materials have received world concern of late due to their destruction of the environment, and many laws have been formulated to deal with the manufacture of biodegradable…
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Download file to see previous pages... According to the Lanham Act, trademark infringement and any representation which has the possibility of confusing consumers on the origin and the description of the goods is prohibited. The Act provides that there are three distinct elements which have to be established by the plaintiff to warrant an injunction and damages for trademark infringement. The first element to be is that the plaintiff, safe Choices in this case, has a valid claim over the mark and that the mark is registered or capable of being registered. The plaintiff must also show that the defendant used the mark and that the mark was used in commerce and the use in commerce was without the consent of the plaintiff who is the owner of the mark (WIPO, 1997). Finally, the plaintiff has to show that the use of the name has the effect of causing confusion to the consumers, in that it misrepresents on the origin or the manufacturer of the goods and the use in essence creates a relationship between the plaintiff’s products and the defendant’s products.
Safe Choices have to show that they own the trademark that should be easy because Safe Choices already registered that trademark in 2002. The fact that its already registered means that it’s a valid trademark capable of being protected as a plaintiff cannot prevent others from using a name that does not belong to him.
Therefore, in this case, Safe choices have to prove that the defendant used the trademark, and the use is an action thing and should not be lightly interpreted to curtail the functions of the defendant. The use in this case is valid, since Simply Green Company printed the name on its packaging materials and used the name to market the packaging materials.
The second element to be is that the use was in commerce, and the use in commerce means that the defendant used the plaintiffs name in activities that bring economic ...Download file to see next pagesRead More
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