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Lanham Act(37 U.S.C. 1110 et seq.) In order for a trademark conflict to exist, there must be: a.) a likelihood of customer confusion between the goods and services offered by owners of two marks. b.) a likelihood of customer confusion as to the source or origin of goods or services offered by the owners of one mark. c.) a likelihood that there will be "dilution" of a well know brand, i.e. Mercedes (automobiles) , Hyatt (hotels) or Kodak (photographic) , in that the reputation or quality of the brand will be degraded by anotheršs useeven if the context does not involve customer confusion. ) |
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