Fourth, the court acknowledged that trademark infringement requires that an infringing mark be used in interstate commerce.

However, all of its trademark infringement claims were rejected last month, and a federal judge held that brand owners were ultimately responsible for protecting their own trademarks.

The defendant argued that he was not guilty of trademark infringement since the names in question had become generic, or alternatively were descriptive but had not acquired secondary meaning.

It must be protected by the franchisor from any trademark infringement by third parties.

Until 1996, federal law protected only against trademark infringement.