Chapter 8 Flashcards
Dilution
With respect to trademarks, a doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses of the marks regardless of a showing of competition or a likelihood of confusion.
Types of marks
Fanciful and arbitrary and suggestive
Fanciful- distinctive and invented words
Arbitrary- common words used in an uncommon way like for a name
Suggestive- suggest something about the product
Service mark
A mark used in the sale or advertising of services, such as to distinguish the services of one person from the services of others. Titles, character names, features of radio and TV
Certification mark
A mark used by one or more persons other than the owners goods or services. When used by members of a cooperative association such a mark is referred to as a collective mark. Examples: “good housekeeping seal of approval, UL tested”
Trade dress
The image and overall appearance of a product
- subject to the same protection as trademarks
Trademark
A distinctive mark, motto, device or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known
- once established, the owner is entitled to its exclusive use
Trade name
A term that is used to indicate part of all of a business’s name and that is directly related to the business’s reputation and good will
- protected under common law
License
A revocable right or privilege of a person to come on another persons land.
- an agreement or contract permitting the use of a trademark, copyright, patent for certain purposes
Patent
A government grant that gives an inventor the exclusive right or privilege to make, use, to sell his or her invention for a limited time period.
Invention- 20 years
Design- 14 years
Patent infringement
If a firm makes, uses, or sells another’s patented design, product, or process without the patent owners permission.
Copyright
The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time.
- applies exclusively to works of literature, art, and other works of authorship, including computer programs
Copyright owners are protected against
Reproduction of work
Development of derivative works
Distribution of the work
Public display of the work
What is not possible to copyright?
An idea
An exception to copyright infringement
Fair use
Trade secret
Information or a process that gives a business an advantage over competitors who do not know the information or process
- info of commercial value such as customer lists, plans, research and development
