Ch 8 Class Notes Flashcards
4 main types of intangibles
1 copyrights
2 patents
3 trademarks
4 trade secrets
Patents are file with the…
US PTO
Which intangible is not registered?
Trade secrets
Trade marks
Distinctive motto or emblem
Identifies maker of goods or provider of services in the market
Place
Distinctive
Arbitrary, fanciful, secondary meaning or suggestive is what’s
Looked for by courts
Ex. Apple, Xerox, Starbucks
Generic names are…
Not protected under the Landman Act
Trademark dilution (under trademark dilution act 1995)
Liability if trademark is used similarly
Patents
New, nonobvious invention, gives government sanctioned
monopoly to make and use for 20 years
Available to those that work in industry and are experts in the
Field
Disclosure: patents
Must disclose what you invent with patents
Patents: after 20 years
After 20 years patent goes generic
Patent infringement, defensively?, offensively?
When party copies patent, defensively you can seek injunction
To stop party from copying
Offensively make party enter a licensing agreement to make party
Pay you royalty to use your patent
Copyright
Expression of ideas,
protection starts as soon as produced in fixed tangible medium
In writing, recording, painting
Don’t get standing to sue in courts under copyright act unless…
How much in damages can you recover if you have standing?
You register your work with copyright office
If registered you can recover $150,000 statutory damages
It’s best to recover damages if you register copyright…
Before infringement occurs
Difficult to prove damages if you haven’t registered
Trade secrets
Give company competitive advantage in industry, not filed
Protected through documented pattern of documents by owner
Of trade secret
Ex. Coke didn’t file patent, because everyone would know
ingredients in coke after 20 years
