Are there any special rules for the protection of famous marks?
Yes, there are special rules for the protection of famous marks in the state of California. The California Business and Professions Code Section 14245 provides a legal mechanism specifically protecting well-known marks. This section of the code defines a well-known mark as one that is widely recognized by the general public. The scope of the protection extends to preventing other businesses from using any mark, trade name, domain name, symbol, or any other identifier or trade dress that is similar enough to confuse consumers about the source of the goods or services. This protection includes the registration of a mark, thus limiting the ability of other businesses from using it. The California Business and Professions Code Section 14202 requires that an owner of a well-known mark apply for registration with the United States Patent and Trademark Office. Furthermore, this section further requires that the mark must be used in commerce for it to be eligible for registration. The protection offered by state law for well-known marks is similar to the protection offered by federal trademark law. Thus, the trademark owner is able to seek to have others who infringe on the well-known mark held liable for unfair competition, compensatory damages, and any profits obtained by the infringing business as remedies. In conclusion, the state of California takes the protection of famous marks very seriously and offers a variety of legal mechanisms to ensure that the mark is protected.
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