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Model Motoring® Trademark Info

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Model Motoring Inc. would like to take some time to discuss the trademark laws regarding the  Model Motoring® label which is a registered trademark owned by Model Motoring Inc.  This section will inform you about counterfeit merchandise and other areas involving trademark infringement.  We want to bring this to your attention and what you can do about it.  This way you will be sure you will be purchasing authentic Model Motoring Inc. merchandise.

We actively pursue current trademark infringements on the Model Motoring® trademark.

Unauthorized Items such as t shirts, hats, mugs, mouse pads, clocks, original style car case labels and anything including the Model Motoring® trademark that has been currently produced now falls under Trademark Infringement.  Please note that this doesn't apply to the original Aurora Model Motoring items but anything reproduced or currently produced with the words Model Motoring® now falls under the trademark laws since Model Motoring Inc. is the current registered trademark holder.

This falls under the ssame category of people selling counterfeit Nike® sneakers and Levi's® jeans at flea markets.  It is illegal in the US to sell current goods with someone else's registered trademark on it for monetary gains without their authorization or license to do so.

FAQ - U.S. Trademark Infringement courtesy of International Trademark Association

1. What is trademark infringement?

Trademark infringement is the commercial use of the same or similar mark by another with respect to related goods or services which is "likely to cause confusion" with respect to actual or potential customers of the trademark owner's goods or services. Many factors are considered in determining the existence of a "likelihood of confusion" including the similarity of the marks and their commercial connotation, the similarity or relationship of the respective goods or services, the commonality of trade channels, the sophistication of purchasers, the fame and strength of the trademark owner's mark, the number and nature of similar marks in use on similar goods or services, and the existence of actual confusion. No one factor is necessarily controlling and in general infringement is evaluated on a case by case basis based upon the totality of circumstances.

2. Must an infringer be a competitor?

No. The focus of trademark infringement analysis is on the confusion of actual or potential customers. Accordingly, an infringer's products or services need only be sufficiently related to the trademark owner's products or services so that it is likely that both are promoted to and/or used by common customers.

3. How does trademark infringement differ from trademark dilution and unfair competition?

Generally, the existence of a likelihood of confusion is not required to establish either dilution or unfair competition which is not based on infringement. Dilution focuses primarily upon the strength of a trademark owner's rights and remedies are usually limited to injunctive relief. Although unfair competition may be based on trademark or trade dress infringement, unfair competition is often based upon false or misleading statements in marketing and advertising materials. However, in many cases of dilution and false advertising, trademark infringement also exists.

4. How can one redress infringement?

In the United States, the federal trademark law called the Lanham Act authorizes suit to be brought for infringement of either registered or common law trademark rights, 15 U.S.C. Section 1114 and Section 1125(a), respectively. Remedies include injunctive relief to prohibit infringement, the impoundment and destruction of goods bearing infringing trademarks, an infringer's profits, the trademark owner's actual damages and court costs. Attorney's fees may be awarded in exceptional cases. Where the infringement involves the use of a "counterfeit" or virtual duplicate of a registered mark, statutory damages of up to U.S. $1,000,000 may be awarded along with the imposition of an award of reasonable attorney's fees unless the infringer proves extenuating circumstances. Alternatively, treble damages are available in cases involving counterfeit marks or where infringement is willful. Most states in the United States also have their own trademark statutes. Hence, a trademark owner generally has the option of pursuing a trademark infringement action based on both state and federal law and in either state or federal court.

5. How does federal registration aid in redressing trademark infringement in the United States?

Through federal registration, the trademark owner acquires nationwide constructive usage of a mark as of the trademark application filing date. Such constructive rights serve as a basis for asserting infringement against subsequent users of the mark. A federal registration is prima facie evidence of ownership, but failure to use the registration symbol ® with a registered mark can substantially impair a trademark owner's ability to recover damages in an infringement action.

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