Are there any special rules for the protection of famous marks?
Yes, Washington state has special rules to protect famous marks, which are trademarks that have become widely recognized by the public due to their use in the marketplace. Famous marks are protected from unfair competition, which is when a person or company uses another company’s mark to take advantage of its reputation and goodwill. Under Washington’s Unfair Competition Law, a famous mark’s owner can sue anyone who creates a likelihood of confusion among consumers. This is when someone uses a mark that is similar enough to the famous mark that it could make people think the product or service comes from the same source. For added protection, famous marks may also be registered with the US Patent and Trademark Office. This provides the mark’s owner with exclusive rights to use the mark, and it makes it easier to prove their rights in a court of law. In addition, any person who uses a famous mark without the owner’s permission can be subject to damages, including court costs, attorney’s fees, and lost profits. This is meant to discourage the use of famous marks without permission and to protect companies from unfair competition.
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