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TRUCKADS® is a premier
brand name in mobile billboards, truckside advertising and fleet graphics.
Because of this, there are some companies who are trading on our well known
brand name without our authorization.
Businesses knowingly engaged in this type of deception are attempting to
fool the public. This is in violation of Trademark law and we aggressively
pursue all unauthorized use of our trademarks.
Businesses who deceive the public with false advertising, hurt all businesses
who try to do a good job for their customers and build their brand name.
If you encounter unauthorized use of our trademarks and would like to let
us know, call 800-895-1341. Thank you for your help.
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HOW TO IDENTIFY AND
VERIFY A TRUCKADS® AFFILIATE: If you are viewing a website and the company
is displaying one of our TruckAds Trademarks, you can verify if they are
an authorized TRUCKADS® Affiliate, by looking for the TRUCKADS® Reliability
Seal as shown above. It must look similar to the
authorized seal shown above
and link to their website page on truckads.com. After you click one of these
seals/link, the address bar in your browser must read
www.truckads.com/Affiliate/???.htm,
with the question marks being the name of the market.
If the reliability seal/link is not present on their web site, they are
not a TRUCKADS® Affiliate. Be assured, your local TRUCKADS® Affiliate is
always available to serve you at 1-800-TRUCKADS®.
Q. Why are trademarks
protected as trademarks, including the famous TruckAds® brand name as one
word and Truck Ads® as two words?
Trademarks are protected for three major reasons.
1. Trademark laws help companies create a brand so consumers can be assured
they are purchasing the same product or service from the same company every
time.
2. Trademark laws give an incentive for businesses to produce quality products
and services under their brand name. Companies are assured that consumers
will look for their products and services with their trademark if they consistently
make quality goods or services.
3. Trademark laws discourage unscrupulous behavior and enrichment by other
companies who prey on other companies who market a successful product and
then sell an inferior product or service using a confusingly similar trademark
or brand name.
Q. How long will Truck Ads, LLC own the Truck Ads trademarks, service
marks and trade names?
Trademark rights can last forever in the United States. In the US, registered
trademarks are valid for ten years from the date of registration, and can
be renewed as long as the mark is used.
Q. What is trademark infringement?
You may not use a trademark unless the owner has licensed the trademark
to you or otherwise given you expressed permission to use the mark. In most
circumstances, if you use a trademark without permission, you are committing
trademark infringement.
"Likelihood of Confusion" is the test for trademark infringement both under
the (federal) Lanham Act and at common law. The plaintiff in trademark infringement
cases are not required to prove that the infringer acted intentionally.
Federal dilution laws also protect trademark owners against unauthorized
use of someone's mark on non-competing goods even when the goods and services
are not related.
Q. What are the penalties for trademark infringement?
Under the (federal) Lanham Act, the remedies for trademark infringement
include:
1. injunctive relief,
2. an accounting for profits,
3. damages, including possible treble damages when appropriate,
4. attorney's fees, and
5. court costs.
These remedies can be cumulative.
A plaintiff may recover not only the defendant's profits, but also damages.
Both damages and profits can be adjusted by the court to actual proven damages
to three times that demonstrated, and profits to an amount the court finds
appropriate. The Lanham Act also provides that the court may order the destruction
of "all items and products" in the defendant's possession which bear the
infringing trademark.
The Trademark Counterfeiting Act of 1984, 18 U.S.C.A. 2320 defines certain
forms of trademark infringement as "trafficking in counterfeit goods", made
punishable by up to 5 years imprisonment and a $250,000.00 fine.
The median cost for trademark cases that go all the way to trial was estimated
to be $128,000.00 in 1996, which means half the cases cost more!
Q. When does Truck Ads, LLC take action against trademark infringers?
Truck Ads, LLC actively, aggressively, and successfully enforce their intellectual
property rights for the TruckAds® and Truck Ads® name to the fullest extent
of the law. Truck Ads, LLC takes action against trademark infringers who
have attempted to misappropriate forms of the Truck Ads marks, including
misappropriation for use as Domain Names.
The owners of Truck Ads, LLC have successfully enforced their rights against
literally hundreds of different infringers.
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