Using Your Manager Skills Assignment Example | Topics and Well Written Essays - 750 words

Using Your Manager Skills - Assignment Example For an individual, company or firm to establish a claim of trademark infringement under the Lanham Act, the plaintiff must show that they possess a valid and legally protected mark and the defendant used the mark in commerce to advertise other goods without the consent of the owner. They must also establish that they own the mark. Lastly, as Palladino (2011) argues, â€Å"the plaintiff must establish that the defendant’s use of the mark is likely to cause confusion among the consumers as to the affiliation, connection or origin of the goods or services†. Thus, â€Å"use†, â€Å"in commerce† and â€Å"likelihood to cause confusion† are distinct elements essential in establishing a trademark infringement claim The plaintiff must establish that the â€Å"use† of a trademark by an alleged infringer to be a threshold matter. This is because activities that may involve â€Å"in commerce† or â€Å"likelihood of confusion† may not qualify to violate the Lanham Act without the â€Å"use†. The use element offers a limiting function to preventing the trademark holder from exercising a general right to control language. The requirement to establish a claim that an infringer is using a trademark â€Å"in commerce† is derived from Lanham Law’s basis in the power of the Congress to regulate interstate commerce. The Lanham Act describes the various activities that meet the â€Å"in commerce† requirements. The central focus of any infringement claim is the â€Å"likelihood of confusion† requirement. According to Rechman & Cannady (2002), â€Å"a likelihood of confusion usually exists when consumers viewing the mark would assume that it comes from different like of products identified with a similar mark.† The fact that Safe Choices have a federal registration for the trademark â€Å"Safe Pack†, and confusion may arise among consumers may help