12) IP Flashcards
Qualitex Co v. Jacobson Products Co
F: unique green dry clearner machine pads H: ok copyright a color – distinguishes symbol w secondary meaning, and dn disturb functionality
TM: can sue for
1) straight up infringement 2) tarnishment (form of dilution) 3) blurring (form of dilution)
TM: source of law (3)
Lantham Act (if fed trademark) mostly: state CL (most TMs local) constitutional authority comes from ICC, but generally not a constitutional q
trademark: “secondary meaning”
helps public ID the producer
copyright: when created?
the moment the work is – dnh to register it (but must register before you sue)
fair use exception: 4-part test
1) purpose/ch of the use 2) nature of copyrighted work 3) amount of portion used vs work as a whole 4) effect of use on market value of copyrighted work as a whole
fair use exception: ok purposes of use (3)
1) criticism / parody 2) news reporting 3) education (teaching, scholarship, research)
copyright: duration (2 kinds)
personal: life of copyright holder + 70 years corporate: 95 years after first publication OR 120 years after date of creation (whichever expires first)
copyright: source of law
US constitution “promote the progress o science and useful arts, by securing for a limited time to authors and inventors the exclusive rights to their respective writings and disoveries” and federal statutes (Copyright Act 1976)
copyright: exception
fair use exception
patent
time-limited monopoly on novel, non-obv, useful invention
Feist Publications Inc v. Rural Telephone Service Co
F: phone company’s listings copied H: phone book not copyrightable bc no originality, just facts, and not arranged in a particularly creative way
F: unique green dry clearner machine pads H: ok copyright a color – distinguishes symbol w secondary meaning, and dn disturb functionality
Qualitex Co v. Jacobson Products Co
TM: duration
forever, BUT can abandon IF: 1) intent to abandon 2) dnu in commerce for 2 yrs
if has all requirements, then copyright holder GETS (4)
exclusive rights to: 1) copy 2) distribute 3) perform/display 4) make derivative works
copyright requires (3 elements)
1) original 2) works of authorship 3) fixed in a tangible medium of expression
trademark: functionality exception
the TM can’t inhibit competition by letting the producer control a useful product feature
F: phone company’s listings copied H: phone book not copyrightable bc no originality, just facts, and not arranged in a particularly creative way
Feist Publications Inc v. Rural Telephone Serivce Co
TM: blurring
mark loses association w company (no one else can make goldfish shaped crackers)
trademark – def
name, symbol, or aspect of packaging that IDS the producer. owner has exclusive right to use it in connection w sale of that good or service IN THAT AREA
F: phone company’s listings copied H: phone book not copyrightable bc no originality, just facts, and not arranged in a particularly creative way
Feist Publications Inc v. Rural Telephone Service Co
TM: registration (3)
–must register –need to be using it in commerce, or planning to soon -can’t be too similar to someone else’s
TM: infringement:
someone else is copying your TM MUST CONFUSE CUSTOMERS
copyright: “original”
–can’t copyright fact/idea –originality vs labor –Feist case
