In an Infringement Action, If Courts Have a Difficult Time

question 9

Short Answer

In an infringement action, if courts have a difficult time determining if infringement has occurred, they will rely on ______ and resolve the matter in favor of the senior user of a mark and against the newcomer.

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Definitions:

Alkanes

Saturated hydrocarbons consisting solely of hydrogen and carbon atoms, with single bonds between the carbon atoms, exemplified by molecules such as methane, ethane, and propane.

Freons

A trademarked name for a group of chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) gases used primarily as refrigerants and aerosol propellants, now commonly linked to ozone depletion.

Propellants

Chemicals that are used to propel an object by generating gas under pressure; common in rockets and aerosol cans.

Aerosol Cans

Containers that use pressurized gas to dispense substances in a fine spray.