Ch 8 - Intellectual Property Rights Flashcards
(50 cards)
Intellectual property
any property that result fr intellectual, creative processes, the products of an individuals mind
Trademark
distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known
Trademarks - fed or state?
fed - Langam Act of 1946
stats also have indv
Federal Trademark Dilution Act
allowed trademark owners to bring suits to fed court for trademark dilution
Federal Dilution Revision Act - must prove (4)
- Pl* owns a famous mark that is distinctive
- D* begun using mark in commerce that allegedly diluting the famous mark
- The similarity between the D* makr and the famous mark gives rise to an association between the marks
- The association is likely to impair the distinciveness of the famous mark or harm its reputation
Do marks need to be identical?
No, sim marks can lessen value when providing related or competitive goods
When can you register trademark? (2)
currently in commerce
intents to put into commerce within 6 months
trademark infringement
when a trademark is copies to a substantial degree or used in its entirety by another, intentionally or intentionally -> likelihodd of confusion about origin
trademark infringement damages/remedies (4)
injunction to prevent hurther infringement
- Damages: profits that infringer wrongfully received from unauthorized use of mark
- S~ destruction of any goods bearing unauthorized trademark
- S~ owner can recover attorneys’ fees
strong marks - def + which?
automatic protection b/c ID product’s source
fanciful trademarks
fanciful v arbitrary
- invented words
2. common words in uncommon way not descriptive of product
suggestive trademarks
indicate something about a products nature, quality, or characteristics w/o describing product directly (ex. Dairy Queen)
can becomes strong trademark
(trademark) secondary meaning def + protection
descriptive terms, geographic terms, personal names that are inherently distinctive -> no protection until they acquire secondary meaning
- when customers begin to associate specific term/phrase with specific trademarked items made by a particular co
Generic terms
class of products that receive no protect, even if they acquire secondary meanings A trademark does not become generic simply because it is commonly used, however
(trademark) service mark
used to distinguish the services of 1 person/co from those of another
(trademark) certification mark
used by 1/+ *, other than owner to certify the region, materials, mode of manufacture, quality, or other chracteristic of specific g/serivces
Trade dress
image + overall appearance of a product, or overall impression, subject to same protection as trademarks
Counterfeit goods
copy or imitate trademarked goods, but are not the genuine trademarked goods
Stop Coutnerfeiting in manufactured goods act
crime to traffic internationally in counterfeit g+services, or knowingly use a counterfeit mark on or in connection with g/services
Counterfeiting - Penalties (4)
Fine + time
D* forfeit counterfeit products
pay restitution to trademark holder or victim in an amount = to victims actual loss
Combatting foreign counterfeiters
Can only close domain dames of website that sell counter.
Trade name
part or all of a business’s name, generally directly related to business and its goodwill
May be protected as trademark if its also name of co’s trademarked product
Licensing
an agreement, or contract, permitting the use of a trademark, copyright, patent, or trade secret
Licensee pays royalties (fees) for the privilege of using the intellectual property
Only grants right expressly described in license agreement
Patent
grant from gov that gives an inventor the exclusive right to make, use, or sell his invention for a period of 20 yrs, unless for design (14 yr)
