Chapter 8 Flashcards
what is a trademark
a source identifier
when a product is marked with a certain name/logo - consumer can identify that product with that source
how to be a trademark
must be distinct
words are usually invented - may have nothing to do with the actual product
service mark
trademarks identify services rather than products
three types of trademark
service mark
suggestive mark
descriptive mark
suggestive mark
words that suggest meaning or relation but does not describe the goods themselves
descriptive mark
directly describes rather than suggests a characteristic or quality of the underlying product
ex: holiday inn
when someone owes a trademark ____
another company cannot use
ex: Jell-O, Cool Whip, Band-Aid
generic
uses its source identifier –> loses protection –> diluting/watering down trademark
you no longer think of a co. when you hear these names –> lose protection
how to get trademark protection
1) by being the first to use the mark in commerce - geographic
ex: I sell “Chewy” brand bubble-gum to the public in Murfreesboro, TN –> my trademark right is locally - only where the gum is sold (only in Murfreesboro)
OR…
2) by being the first to register the mark with the US Patent and Trademark - national
ex: if want right to be nationwide for gum –> register
trademark infringement
when can you sue: standard is likelihood of confusion or dilution
does not matter if intentional or unintentional
trademark owner is permitted to use a similar mark as long as it is on completely dissimilar goods
trade dress
historically “trade dress” was the product’s label or package
design/appearance of the product and all elements making up the total visual image by which the product is presented to customers
can include shape of product
patent
anyone who invents any new useful, and non obvious invention process
grant by the govt that permits the inventor exclusive use of an invention for 20yrs
file - US patent office
copyright
exclusive rights for creative works, including fictional characters that are (1) original and (2) fixed in a tangible medium
- right given to author for life + 70yrs
photos, writings, poems, plays, dance, paintings
how to get copyright protection
work is automatically copyrighted once it is in tangible form
registration with the US Copyright Office is only required if going to sue for copyright infringement
use of (C) is no longer required under US law - but is recommended to give notice to make ownership clear
ex: wedding photos
cannot use picture as owner of a customer that the customer posted
Sally owns her face - right to privacy
cannot use as marketing ad without permission - copyright
who owns copyright
if work for a company and company makes it - company owns it
first sale doctrine
allows you to sell copyright
if buy book or record can sell - cannot make copies
fair use doctrine
permits some copying and distribution without permission of the copyright holder
use of videos by teacher in class
quotes in students paper
can you use your own personal music for your customers
no, have to buy a commercial account
PRO hires investigators that visit businesses to see whether songs are played without a license
can play one FCC licensed radio or one TV
trade secrets
why have a non compete clause
customer lists, plan, pricing, marketing, secret formula
no registration or filing requirements
