How does trademark law protect against trademark infringement?
Trademark law protects against trademark infringement by providing the owner of a trademark exclusive rights to the mark. This exclusive right means no other company can use a similar mark in the same market as the original. When a company uses a similar mark, it can deceive customers into believing they are buying a product or service from the original creator of the mark. In Delaware, this exclusive right is protected under both state and federal law. The Delaware Uniform Deceptive Trade Practices Act (UDTPA) prohibits false advertising and unfair competition. Under this law, it is illegal for a company to misappropriate or use any symbol, name, or other identifying characteristic of another person or business without their permission in order to deceive customers or create confusion. The Federal Trademark Act also provides protection from trademark infringement. This law prohibits the use of a trademark in a way that is likely to cause confusion among customers as to the source of the product or service. It also prohibits the use of a counterfeit mark or a mark that is substantially similar to a trademark in use by another company. This law applies to both registered and unregistered marks. Both state and federal trademark law provide a powerful form of protection against trademark infringement and false advertising. By protecting the exclusive rights of trademark owners, these laws enable companies to protect their brand and reputation from being misused or damaged by another company.
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