CH 08 - INTELLECTUAL PROPERTY AND RIGHTS Flashcards
I need to know the definitions of each intellectual property right and be able to recognize examples of each of them as well. (14 cards)
What is a Trademark ?
a distinctive mark, motto, device or implement that a manufacturer stamps, print or otherwise affixes to the good so that it can be identified as property of a particular company.
What are examples of a Trademark ?
Slogans, Titles of movies, Lamar’s big red symbol , Coca - Cola symbol
What is a trade dress?
“the image and overall appearance of a product”– (size, shape, color,
texture, graphics, and even certain sales techniques of products)
What are examples of a Trade dress ?
style of service of a particular restaurant, like McDonald’s or Taco Cabana, distinctive décor, menu, layout
What is a Service Mark ?
a trademark that is used to distinguish the services (rather than the
products) of one person or company from those of another”
what are examples of a service mark ?
International Silk Industry’s motto “Only silk is silk”, he names United Airlines, Marriott Hotels
What is a Trade Name ?
name of a company or a business that has become sufficiently associated with a product over a period of time that it has lost its primary meaning and has acquired a secondary meaning
What are examples of a trade name ?
he names Coca Cola, Pepsi-Cola
What is a copyright?
a grant to an author or a publisher of an exclusive right to print, reprint,
publish, copy, and sell literary work, musical compositions, works of art, and motion
pictures for the life of the author plus an additional seventy years
What are examples of a copyright ?
books, poetry, music, CDs, plays, musicals, movies, music videos, paintings, architectural plans, cartoons, computer software, product packaging, menus
What is a patent ?
a grant from the government that gives an inventor the right to exclude others
from making, using, or selling his or her invention for a period of twenty years from the date of filing the application
what are examples of a patent ?
Polaroid instant camera and film , machines, processes, compositions of matter, improvements to existing machines, processes, or compositions of matter, designs for an article of manufacture,
What is a Trade secret ?
information of a commercial value,” i.e., a plan, research and
development, pricing information, marketing methods, production techniques, product formula, pattern, design, compilation of data, customer list, or other business secret – Could be an idea that makes a franchise successful but that does not qualify for trademark, patent, or copyright protection
What are examples of trade secret ?
recipe for Coca Cola product