It is difficult to tell if the Talisman trademark can withstand a trademark infringement lawsuit in certain cases.
Talisman is a replica made from vinyl and polyester, and at first glance it might look like a rip off. If you have used it in the past, or just noticed it, it may look like a rip off to you, but there is another possible reason for why it looks like a rip off: Talisman is being challenged for its potential trademark infringement.
Talisman, Inc., owns trademarks to a line of clothing that it markets under the Talisman brand. They also own a product line that includes a line of jewelry that they markets under the Talisman brand as well.
Trademark law is a way to protect intellectual property by making sure people don’t use that same mark that you own to confuse customers about the origin of goods. Although people may not always understand the differences between using their trademark in a way that is a blatant infringement of your mark, they do understand the differences between the marks.For example, someone could use a similar typeface on their Talisman Casualty Insurance Company products, but you could not.
Talisman is challenging the Talisman brand for a series of potential trademark infringements that might be used on its clothing, jewelry, and even its home goods. They want to ensure that they are able to protect their rights in the Talisman brand.
Casualty, the designer of the Talisman casualty clothing line, has sued Talisman, Inc. in Federal Court, claiming that the Talisman line of clothing is a blatant infringement of Casualty’s intellectual property. The Talisman line contains similar graphic elements, such as the insignia designs on the t-shirts.
Casualty asserts that Talisman’s entire clothing line is also a blatant infringement of Casualty’s intellectual property. That includes their embroidered items, catalogs, home products, and their advertising. They also point out the similarities in the stitching styles of the clothing.
To counter this lawsuit, Talisman, Inc. has hired an IP lawyer that was hired by the company to make sure that Talisman’s trademarks are protected. Casualty’s attorney is not convinced by these arguments, and they plan to defend their own assets
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