Author archives: John Graziadei

Can the owner of a mark registered for toy cars prohibit the manufacture and sale of toy cars which constitute naturalistic reproductions of real cars on which the owner's mark appears?

Summary: 1. Introduction – 2. Trademark Background – 3. Overview –The Essential Function – 4. Referential Use and Embellishment -5. Referential Use –  6. Embellishment – 7. Infringement Analysis – 8. Trademark Use Requirement – 9. Likelihood of Confusion – 10. Analysis – 11. Conclusion – 12. Final Thoughts. 1. Introduction Can the owner of a trademark registered for toy cars (hereinafter “model cars”) prohibit the manufacture and sale of […]