LYCOS RETRIEVER 
Trademark Infringement: United States
built 215 days ago
In many countries, but not in the United States, which recognizes common law trademark rights, a trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may ... be actionable.
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The most recent trademark infringement lawsuit over a Web site concerns the intellectural property of Moe, Larry and Curly, The Three Stooges. The site at the center of the controversy, http://www.3-stooges.com/, greets Web surfers with a version of the trio's theme song, and a disclaimer stating, "This site is not affiliated with Comedy III Productions."
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In the United States, obtaining a trademark search and relying upon the results is ... very important because it can insulate the applicant from any future finding that you willfully infringed the trademark of another. Essentially, if you obtain a search and in good faith feel the use of a mark would not be infringing it will be virtually impossible for anyone to prove later that you purposefully engaged in infringing activities.[4]
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