New Hampshire
How Dastar Corp. v. Twentieth Century Fox Film Corp. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Intellectual Property — Trademark (Lanham Act) / Unfair Competition.
New Hampshire law follows federal precedent closely regarding trademark issues, including the principles established in Dastar Corp. v. Twentieth Century Fox Film Corp. Specifically, the importance of origin of goods and the definition of 'absence of confusion' are heavily emphasized. New Hampshire courts tend to protect the goodwill associated with trademarks while ensuring fair competition.
Under New Hampshire law, a trademark claim requires proof of likelihood of confusion as to the source of goods or services, aligning with the principles established in Dastar, which focus on the importance of proper attribution and the prevention of consumer deception.
The court ruled that the defendant's use of a similar mark did not constitute trademark infringement as it did not create a likelihood of confusion among consumers.
The court affirmed that trademarks must evoke a specific source to be protected under New Hampshire law, mirroring the Dastar principles regarding attribution.
In assessing unfair competition claims, the court stressed the importance of fair use and the absence of confusion, consistent with Dastar’s emphasis on misleading representations.
New Hampshire's trademark protection principles align closely with federal standards set forth in the Lanham Act, particularly regarding the necessity of proving consumer confusion. However, New Hampshire may offer additional state-specific considerations about state unfair competition that are less nuanced in federal law.
Questions on the New Hampshire bar exam may incorporate concepts from Dastar in assessing trademark and unfair competition claims, particularly regarding consumer confusion and trademark origin.