Legislation to Amend the Lanham Trademark Act Regarding Gray Market Goods: Hearing Before the Subcommittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, One Hundred First Congress, Second Session, on S. 626 ... April 4, 1990 |
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Common terms and phrases
$15 AN OUNCE $75 OR HIGHER AGE GENDER INCOME AGO STON American consumers ATTRIBUTES WHEN CHOOSING authorized distributors AUTOMOBILE TIRE brand name BUYING OPINION SURVEY CHIC Christopher Edley competition consumer deception Consumers Union COPIAT costs counterfeit Customs Service demarking Dennis DeConcini DEVIATION STANDARD ERROR distribution domestic distributor Duracell economic EDUCATION H.S. Federal Trade Commission foreign manufacturers free rider problems free riding GENDER INCOME EDUCATION gray market imports gray market products IMPORTANCE OF SELECTED Johnson & Johnson KNOW/NO ANSWER Lanham Act LESS COLL lower prices MALE MALE $15M MARKET AGE GENDER mart Corporation merchandise OPINION SURVEY Q.1 parallel imports PHOE TON AGO price discrimination priced at $75 problem PRODUCT BUYING OPINION purchase Rachel Perry retail prices SELECTED ATTRIBUTES sell Senator DECONCINI sold STANDARD DEVIATION STANDARD STON ELES NIX SURVEY Q.1 IMPORTANCE trademarked products U.S. consumers U.S. market U.S. trademark owner United States trademark
Popular passages
Page 214 - ... it shall be unlawful to import into the United States any merchandise of foreign manufacture if such merchandise, or the label, sign, print, package, wrapper, or receptacle, bears a trademark owned by a citizen of, or by a corporation or association created or organized within, the United States, and registered in the Patent...
Page 427 - Any person who shall, without the consent of the registrant — (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive...
Page 215 - That no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer, or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States...
Page 427 - Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any container or containers for goods, a false designation of origin, or any false description or representation, including words or other symbols tending falsely to describe or represent the same, and shall cause such goods or services to enter into commerce, and any person who shall with knowledge of the falsity of such designation of origin or description...
Page 428 - ... to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region in which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of any such false description or representation.
Page 91 - It is the trademark of the plaintiff only in the United States, and indicates in law, and, it is found, by public understanding, that the goods come from the plaintiff, although not made by it. It was sold and could only be sold with the good will of the business that the plaintiff bought.
Page 353 - Reports. with approximately 4.5 million paid circulation, regularly carries articles on health, product safety, marketplace economics and legislative, judicial and regulatory actions which affect consumer welfare. Consumers Union's publications carry no advertising and receive no commercial support.
Page 433 - The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this subsection.
Page 437 - In assessing damages under subsection (a) of this section, the court shall, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney's fee...
Page 90 - To protect trademarks, therefore, is to protect the public from deceit, to foster fair competition, and to secure to the business community the advantages of reputation and goodwill by preventing their diversion from those who have created them to those who have not.