Misplaced Pages

#914085

65-588: International Falls (sometimes referred to as I-Falls ) is a city in and the county seat of Koochiching County , Minnesota , United States. The population was 5,802 at the time of the 2020 census . International Falls is located on the Rainy River directly across from Fort Frances , Ontario , Canada. The two cities are connected by the Fort Frances–International Falls International Bridge . Voyageurs National Park

130-592: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in

195-528: A border between the United States and Canada. It was incorporated as a city in 1909. Realizing the potential for water power and mills in the area, industrialist E.W. Backus , president of the Minnesota and Ontario Paper Company in the early 20th century, built a dam on the Rainy River to power the company's mills. Purchased by Boise Cascade Corporation in 1965, and sold to an investment group in 2003,

260-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate

325-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark

390-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised

455-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with

520-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers

585-510: A male householder with no wife present, and 43.3% were non-families. 37.4% of all households were made up of individuals, and 16.4% had someone living alone who was 65 years of age or older. The average household size was 2.16 and the average family size was 2.80. The median age in the city was 42.4 years. 21.9% of residents were under the age of 18; 8.6% were between the ages of 18 and 24; 22.4% were from 25 to 44; 27.3% were from 45 to 64; and 19.8% were 65 years of age or older. The gender makeup of

650-476: A number of musical and stage productions to the local community. The Borealis Bards community theatre group has staged a number of productions since its founding in 2014, including 2015's production of Alice In Wonderland. The International Falls post office contains a mural, Early Lodging in Koochichin Falls , painted by Lucia Wiley . Federally commissioned murals were produced from 1934 to 1943 in

715-459: A third class city, or a fourth class city; this is done for legislative purposes.  †  County seat  ††  State capital and county seat Trademark The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as

SECTION 10

#1732780884915

780-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify

845-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to

910-438: Is 103 °F (39 °C), set on July 22, 1923, while the all-time record low is −55 °F (−48 °C), set on January 6, 1909, a range of 158 °F (88 °C); the record cold maximum is −29 °F (−34 °C), set on the same day as the record low, while, conversely, the record warm minimum is 79 °F (26 °C) on July 16, 1898. See or edit raw graph data . International Falls has long promoted itself as

975-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent

1040-559: Is located 11 miles east of International Falls. There is a major U.S. Customs and Border Protection Port of Entry on the International Falls side of the toll bridge and a Canadian Customs entry point on the north side of the bridge. International Falls is nicknamed the " Icebox of the Nation,” with an average of 109.4 days per year with a high temperature below 32 °F (0 °C). The area now known as International Falls

1105-535: Is mostly used for general aviation but is also served by Delta Air Lines which has two daily flights to Minneapolis–Saint Paul International Airport using the Bombardier CRJ-700 jet airliner. The Minnesota, Dakota and Western Railway operates a 4 mi (6.4 km) line between International Falls and Ranier . The following routes are located within the city of International Falls. Port Code : 3604 A Sears Diehard car battery commercial

1170-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as

1235-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that

1300-413: Is the 22nd most populous state with 5,706,494 inhabitants but the 14th largest by land area , spanning 79,626.74 square miles (206,232.3 km ) of land. Minnesota is divided into 87 counties and contains 853 incorporated cities, with populations ranging from 425,115 ( Minneapolis ) to 12 ( Funkley ) in 2023. Minnesota cities are classified by population as a first class city, a second class city,

1365-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies

SECTION 20

#1732780884915

1430-647: The Paris Convention and the Madrid Protocol , simplify the registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite

1495-550: The United States through the Section of Painting and Sculpture , later called the Section of Fine Arts , of the Treasury Department . The WPA was the largest and most ambitious American New Deal agency , employing individuals to carry out public works projects. Falls International Airport ( IATA code : INL, ICAO code : KINL) is a public airport located just south of the city. The airport has two runways. It

1560-592: The United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as

1625-527: The "Icebox of the Nation"; however, the trademark for the slogan has been challenged on several occasions by the small town of Fraser, Colorado . Officials from Fraser claimed usage since 1956, International Falls since 1948. The two towns came to an agreement in 1986, when International Falls paid Fraser $ 2,000 to relinquish its "official" claim. However, in 1996, International Falls inadvertently failed to renew its federal trademark, although it had kept its state trademark up to date. Fraser then filed to gain

1690-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,

1755-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when

1820-468: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as

1885-509: The North American continent, has a warm-summer humid continental climate ( Köppen : Dfb ), with long, bitterly cold winters and humid, warm summers and is part of USDA Plant hardiness zone 3a. January averages 5.0 °F (−15.0 °C), and lows reach 0 °F (−18 °C) on an average of 57.2 nights annually. Highs only reach the freezing point or above an average of 16.7 days in the months of December, January, and February, and

1950-577: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in

2015-528: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include

International Falls, Minnesota - Misplaced Pages Continue

2080-492: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in

2145-486: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or

2210-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application

2275-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark

2340-430: The age of 18 living with them, 44% were married couples living together, 11.4% had a female householder with no husband present and 40.8% were non-families. 36.5% of all households were made up of individuals, and 18.2% had someone living alone who was 65 years of age or older. The average household size was 2.20 and the average family size was 2.85. The median age in the city was 40.5 years. 23.3% of residents were under

2405-415: The age of 18; 5.1% were between the ages of 20 and 24; 25.5% were from 25 to 44; 22.3% were from 45 to 64; and 20.7% were 65 years of age or older. The gender makeup of the city was 47.7% male and 52.3% female. The local Icebox Radio Theater produces radio drama broadcasts on 106.9 FM, with a power output of one watt. Local cable television service is offered by Midcontinent Communications . Since 1911

2470-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under

2535-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under

2600-454: The city was 48.1% male and 51.9% female. As of the census of 2000, there were 6,703 people, 2,959 households, and 1,751 families residing in the city. The racial makeup of the city was 95.3% White , 0.3% African American , 2.6% Native American , 0.2% Asian , 0.2% from other races , and 1.5% from two or more races. Hispanic or Latino of any race were 0.7% of the population. There were 2,959 households, of which 27.6% had children under

2665-420: The city was 93.3% White , 1.0% African American , 2.5% Native American , 0.2% Asian , 0.1% from other races , and 2.8% from two or more races. Hispanic or Latino of any race were 1.1% of the population. There were 2,903 households, of which 26.6% had children under the age of 18 living with them, 39.1% were married couples living together, 12.1% had a female householder with no husband present, 5.5% had

International Falls, Minnesota - Misplaced Pages Continue

2730-549: The company remains the largest business and employer in the area. In 2013 Boise laid off 394 employees and closed down a paper machine. It then sold to Packaging Corporation of America (PCA). According to the United States Census Bureau , the city has a total area of 6.53 square miles (16.91 km), of which 6.42 square miles (16.63 km) is land and 0.11 square miles (0.28 km) is water. International Falls, with its relatively central position in

2795-595: The different spellings, all three terms denote the same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark

2860-404: The federal trademark. International Falls submitted photographic proof that its 1955 Pee Wee hockey team traveled to Boston , Massachusetts with the slogan. After several years of legal battles, the United States Patent and Trademark Office officially registered the slogan with International Falls on January 29, 2008, Registration Number 3375139. Only a few days after announcing its success in

2925-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about

2990-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at

3055-576: The local newspaper was The Journal which announced its closure on June 3, 2021, with June 24, 2021 being its last edition. On Friday, July 16, 2021, CherryRoad Media Inc. distributed Volume 1, Issue 1 of its newest publication, the Rainy Lake Gazette . The Backus Community Center opened in 2002 and serves as one of the cultural centers of International Falls. Each year, the Backus Performing Arts Series presents

3120-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that

3185-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,

3250-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to

3315-415: The place of inlets,” referring to the neighboring Rainy Lake and River . The European inhabitants gave the names Rainy Lake and Rainy River to the nearby bodies of water because of the mist-like rain present at the falls where the lake flowed into the river. On August 10, 1901, the village was incorporated and two years later its name was changed to International Falls in recognition of the river's role as

SECTION 50

#1732780884915

3380-412: The population were below the poverty line , including 20.5% of those under age 18 and 12.3% of those age 65 or over. As of the census of 2010, there were 6,424 people, 2,903 households, and 1,645 families residing in the city. The population density was 1,001 inhabitants per square mile (386/km). There were 3,157 housing units at an average density of 492 per square mile (190/km). The racial makeup of

3445-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example

3510-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced

3575-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with

3640-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as

3705-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of

3770-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with

3835-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and

3900-542: The temperature does not rise that high. Precipitation averages about 25.37 in (644 mm) per year, and is concentrated in the warmer months. The average window for freezing temperatures is September 14 through May 26, allowing a frost-free period of 110 days; however, the all-time record for the latest first freeze was set relatively recently on October 17, 2021, being over a month late. Measurable snowfall (≥0.1 in or 0.25 cm) arrives on average on October 18 and departs April 22. The all-time record high temperature

3965-667: The temperature often stays below freezing for weeks at a time during the winter. In the winter of 1978 to 1979, the temperature stayed below freezing for 101 days, from November 17 to February 25. Seasonal snowfall averages 73.0 in (185 cm); due to the cold typically preventing significant melting for much of the winter, snow depths of 5 in (13 cm) or more are seen on a majority of days from December through March. Spring, and more especially autumn, are short but mild transition seasons. July averages 64.9 °F (18.3 °C), with highs reaching 90 °F (32 °C) an average of only 2 days annually, and in close to 40% of years,

SECTION 60

#1732780884915

4030-442: The trademark battle, International Falls had a daily record low temperature of −40 °F (−40 °C), beating a previous record of −37 °F (−38 °C) in 1967. As of 2000 the median income for a household in the city was $ 29,908, and the median income for a family was $ 41,458. Males had a median income of $ 41,584 versus $ 20,053 for females. The per capita income for the city was $ 19,171. About 10.0% of families and 14.5% of

4095-650: Was a spoof of the real-life International Falls. The fictional town was located in Koochiching County as well. The 2019 dark comedy film International Falls , starring Rachael Harris , Rob Heubel , and Matthew Glave , is set and filmed in International Falls. List of cities in Minnesota Minnesota is a state situated in the Midwestern United States . According to the 2020 United States census , Minnesota

4160-482: Was filmed in International Falls in the 1970s, playing on the city's extremely cold winter climate to promote the longevity and effectiveness of the product. It led to a parody ad – aired several times in the first (1975) season of Saturday Night Live – promoting a geriatric product. The fictional Minnesota small town of Frostbite Falls , which was the hometown of cartoon characters Rocket "Rocky" J. Squirrel and Bullwinkle J. Moose of The Rocky and Bullwinkle Show ,

4225-601: Was inhabited by many indigenous peoples. The International Falls area was well known to explorers, missionaries, and voyagers as early as the 17th century. It was not until April 1895 that the community was platted by L. A. Ogaard, a teacher and preacher for the Koochiching Company, and named Koochiching. The word “Koochiching” comes from either the Ojibwe word Gojijiing or the Cree Kocicīhk , both meaning “at

#914085