Chapter 14 Flashcards
(25 cards)
What is intellectual property?
Any property that results from intellectual, creative processes
What is a trademark?
A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces
What is trademark dilution?
Distinctive or famous trademarks are protected from the use of others
What must a plaintiff prove to state a claim for trademark dilution?
1) The plaintiff owns a famous mark that is distinctive
2) Defendant has begun using a mark in commerce that is diluting the famous mark
3) The similarity between the defendant’s mark and the famous mark gives rise to an association between the marks
4) The association is likely to impair the distinctiveness of the famous mark or harm its reputation
True or false: A famous mark may be diluted by the use of an identical mark or by the use of a similar mark
True. A similar mark is more likely to lessen the value of a famous mark
Under current law, a mark can be registered when?
1) If it is currently in commerce
2) If the applicant intends to put it into commerce within six months or with special circumstances 30 months
What are distinctive marks?
Fanciful, arbitrary, or suggestive trademarks and are protected without showing secondary meaning
What are fanciful trademarks?
Inherently distinctive and include invented words (Ex Google)
What are arbitrary words?
Use common words or a single letter in an uncommon way that is non-descriptive (Ex X-Games)
What is a suggestive trademark?
Indicate something about a product’s nature, quality, or characteristics without describing the product directly (Ex Dairy Queen)
What is a secondary meaning?
Arises when customers begin to associate a specific term or phrase with specific trademarked items
What is a service mark?
A trademark that is used to distinguish the services of one company or person
What is a certification mark?
Used by one or more persons to certify a specific characteristic of goods or service
What is a collective mark?
A certification mark used by a member of an association, cooperative or organization
What is trade dress?
Refers to the image and overall appearance of a product
What is a trade name?
Indicates part or all of a business’ name
What is a license?
An agreement or contract permitting the use of a trademark for certain purposes
What is a patent?
A grant from the government that gives an inventor the exclusive right to make, use, or sell the invention for a period of twenty years
What must a patent prove to the US Patent’s Office?
The invention must be novel, useful, and not obvious in light of current technology
What isn’t patentable?
Laws of nature, natural phenomena, and abstract ideas (algorithms)
What is a copyright?
An intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type
What is a trade secret?
Information of commercial value
When is a trade secret violated?
1) They discovered the secret by improper means
2) Their disclosure or use constitutes a breach of a duty owed to another party
What is the Berne Convention?
States that every country that has signed the convention, must recognize the U.S author’s copyright in the book
