Chapter 8: Intellectual Property Rights Flashcards
Intellectual Property
property formed from intellectual, creative processes.
“product of one’s mind.”
Trademark
word, symbol, sound used to…
1) identify manufacturer of a product
2) distinguish the product from all other products.
Lanham Act of 1946
protected manufactures from losing business to rival companies with similar (hard-to-distinguish) trademarks.
(Prime Hydrate v. Slime Hydrate)
Trademark Dilution
unauthorized usage of a famous/distinct ‘mark’ that…
1) impairs the mark’s distinctiveness
2) harm’s mark’s reputation.
4 Criterion for Trademark Dilution
1) Plaintiff owns distinctive mark.
2) Defendant’s usage of their own mark IN COMMERCE diluted the famous mark.
3) Similarities between defendant’s mark and famous mark create ‘Association Between the Marks’
4) Defendant’s mark impairs distinctiveness of famous mark OR harms reputation of famous mark.
A mark need not be ______________ to constitute _____________ ___________. The mark used by the defendant could be ___________, and still detract ___________ from the ____________ mark.
identical; trademark dilution; similar; value; famous
Usually, ______________ marks cause _____________ marks to lose value (more so than the unauthorized usage of an ___________ mark), especially when the products sold under the ____________ mark are in the same ____________ as those sold under the ______________ mark.
similar; famous; identical; similar; market; famous
®
(Registrant’s) indication that a trademark has been registered.
Infringment of Trademark
when “another” uses part or the entirety of someone’s trademark intentionally or unintentionally.
Legal remedies for ______________ on one’s trademark include recovering _____________ damages, ___________ the ___________ gained from the good or service under the trademark, ____________ of any product bearing unauthorized trademark (name, logo etc…), and recovery of ___________’s fees.
infringement; actual; profits; infringer; destruction; attorney’s
Strong Mark
Recieve automatic protection (under Lanham Act) because they identify the product’s source instead of the product itself.
Two Types of Strong Marks
Fanciful & Arbitrary Marks
Fanciful Trademark
oftentimes includes made-up words
(i.e. Google, Xerox)
Arbitrary Trademark
words / phrases with no commonly understood connection to product.
(i.e. “Dawn” [for soap], “Dutch Boy” [for paint], “PINK” [for clothing line])
Suggestive Trademark
Says something about product’s nature w/o describing it directly.
(i.e. “Dairy Queen” entails something about dairy and their product without directly stating it’s ice-cream.)
Descriptive Terms
- Geographic terms, and personal names
- Don’t recieve protection (under Lanham Act) until it has a secondary meaning.
Generic Terms
- Refer to a class of things (i.e. Bread, Cereal, computer etc..)
- Don’t recieve protection (under Lanham Act)
(i.e. Whole Wheat Bread, Corn Flakes).
Service Marks
Trademarks that distinguish between services (instead of products) of a person / company from another.
(logos for airlines, Spirits v. Southwest v. United Arab Emirates)
Certification Mark
Trademark used by one or more persons, to certify regions, tools, processes of manufacturing, quality of goods or services.
(e.g. Sanitation codes for resturants / labs)
Collective Mark
Certification Trademark used by cooperatives, associates, and other organizations to certify region, tools, processes of manufacturing, or quality of goods or services.
Trade Dress
image / overall appearance of a product.
Counterfeit good
copies / imitates trademarked goods, but are not genuine.
Stop Counterfeiting in Manufactured Goods Act (SCMGA)
Combated counterfeited goods.
Criminalized intentionally, or attempting to, traffic in counterfeit goods or services.
prohibits usage of counterfeited mark on or in connection to goods and services.
4 Penalties for Counterfieting Goods
1) $2 Million Fine
2) 10 yr. imprisonment (more for repeat offenders)
3) Destruction of counterfeit goods & anything holding counterfeit mark.
4) Paying restitution to trademark holder (victim) the amount they lost (due to counterfeit mark causing them to lose business).
The U.S. does not have the right to sue ________________ countries for ________________ goods or products, but they can shut down _______________ with certain domain names that keep ______________ goods from entering the country.
foreign; counterfeited; websites; counterfeited
Trademarks apply to __________________,whereas ____________ __________ apply to the ________________ itself.
products; trade names; business
Trade Name
- Name of the business used to identify itself and the brand.
- Related to the business’s reputation and goodwill.
Trade Names are protected by trademark law only if…
the trade name is the same as the trademarked product.
License
Agreement permitted use of a…
- trademark,
copyright,
patent,
or trade secret
for certain limited purposes.
Licensor
Person who owns intellectual property rigths and issues liscence.
Licensee
Person given liscence by licensor
Royalty
Payment from the licensee to the licensor for ongoing use of tradmarked product.
Patent
grant from government giving inventor of a product the exclusive right to make, sell, and use that invention for limited time (20 yrs.).
To be patentable, an invention must be ___________, _____________, and _______ _____________ in light of current technology.
novel; useful; not obvious
Patent Infringement
Making, using, selling patent design without permission.
Patent infringement can occur even if the __________ itself is not yet in ______________. Also, the ________________ of an invention doesn’t have to be entirely ________________ to the patented product to qualify as patent infringement.
patent; commerce; design; identical
Remedies for Patent Infrigement:
1) ______________ against infringer (directing __________ of infringer).
2) requests damages for ______________ and ___________ _________.
3) reinbursement of __________________’s __________.
4) _____________ the amount of damages on the ______________ if the patent infringement was ____________ (known as ____________ damages).
1) injunction; conduct
2) royalties; lost profits
3) attorney’s fees
4) Tripling; infringer; willful; treble
Copyright
Intangible Property Rights given to author of literary / artistic productions.
Protection under _____________ law is ________________ (via the Copyright Act). A person need not _______________ their artistic work w/ the federal government. Chances are if somebody ____________ the work, they __________ it.
copyright; automatic; register; created; own
Copyright owners are protected against…
1) Reproduction of work.
2) Creation of derivative work.
3) Distribution of work.
4) Public Display of work.
_______ and _________-___________ __________ cannot be copyrighted.
ideas; widely-known facts
Copyright Infringement
Form or expression of an idea is copied.
The substantial reproduction of copyrighted work only needs to reproduce __________ of work to qualify as _______________ ________________.
part; copyright infringement
Trade Secrets
Information about business ideas and procedures that make a company unique, and would be of value to competitors.
Trade Secrets is information that cannot be protected by ________________, _________________, or ________________ law.
trademark; copyright; patent
Berne Convention of 1886
1) If U.S. citizen publishes a book, all other countries apart of the convention must recognize the writer’s copyright in book.
2) If citizen of an unsigned country publishes book in a signed country, all signed-member country’s must recognize writer’s copyright.
Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement
Established international protection for intellectual property rights.
Created ways to adjudicate a foreign company for infringment of intellectual property.
TRIPS agreement prohibits ______________ among member nations of itellectual property rights in _______________, _______________, and _____________ of those rights. This means, no nation can recieve ________________ treatment without treating all other nations with the same regard.
