Chapters 6 & 7 Flashcards
(21 cards)
Trademark
Distinctive mark manufacturer attaches to products designated products of their own
Trademark protection
- Common law
- Registered with state
- Registered w/ Federal Gov.
- Advised to register
- Domain name
Domain name
Internet address
Trademark infringement
Trademark is copied exactly/to a substantial degree
Trademark dilution
Trademark is confusingly similar to original mark
Trademark infringement/dilution remedies
- Injunction
- Damages
- Attorneys’ fees
- Statutory damages
Trade dress
Distinctive look of a business or product
Trade dress infringement
Trade dress is copied to at least a substantial degree
Likelihood of confusion
Trade secret
Secret non-public proprietary info
Trade secret protection
- Ideas and expression
- As long as info is confidential
- Non disclosure/confidential agreements
- Tort/criminal liability for theft of trade of secrets
Patent
Gov. License giving inventor exclusive use of invention
20 years
US Patent and Trademark Office
Patent requirements
- Invention= innovative and not obvious
- Given to first person to file
- Acquired for certain “business processes”
Patent infringement
Patented innovation copied to a substantial degree
Patent infringement remedies
- Damages based on the tort of patented infringement
2. Statutory damages
Copyright
Ownership protection granted to originator of literary or other creative works
Lasts a lifetime 70 yrs+
Requirements for Copyright protection
- Must be full expression of idea
- Must be in a tangible medium
- Original
Copyright infringement
Copyrighted material to a substantial degree
Copyright infringement remedies
- Actually damages including infringers profits
2. Statutory damages
Fair use doctrine
Permits limited use of materials for criticisms, teachings, etc.
Four factors of Fair Use Doctrine
- Purpose of use
- Nature of copyrighted work
- Amount and substantiality of the work taken
- Market effect on the work taken
Digital Millennium Copyright Act
Legislated changes in copyright law caused by the internet
Protects copyrights owners from digital piracy
