Chapter 8 - Intellectual Property Rights Flashcards
Trademarks
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.
Lanham Act
Protects manufacturers from losing money from competitors that use their trademarks. Provides them with remedies for money lost.
Trademark Dilution
Diluting the significance of someone’s trademark. When a trademark is used in a way that diminishes its distinctive quality.
USPTO
United States Patent and Trademark Office.
Genericide
When a trademark changes from identifying a single product to an entire category of the product.
Infringement
Used without authorization.
Test to Determine Infringement
Likelihood of confusion.
Strong Marks
Distinguishes the mark. Fanciful, arbitrary, or suggestive trademarks are generally considered to be the most distinctive (strongest) trademarks.
Secondary Meaning
Descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law until they acquire a secondary meaning.
Generic Terms
No meaning.
Service Mark
A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others.
Certification Mark
A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner’s goods or services.
Collective Mark
A mark used by members of a cooperative, association, or other organization to certify the region, materials, mode of manufacture, quality, or accuracy of the specific goods or services.
Trade Dress
Image/appearance of a product.
SCMGA
Stop Counterfeiting in Manufactured Goods Act.
Trade Name
Must be related to a trademark, distinct, or a service mark.
License
Provided for a licensee to legally use a trademark by paying royalties to the licensor.
Patent
Given by the government to an inventor for a twenty-year period. After that, others can make, sell, or use the invention.
Patent Infringement
Tort committed when a firm makes, uses, or sells another’s patented design without the patent owner’s approval.
Copyright
Same as trademark but applied to art, literature, and intellectual property.
Copyright Act of 1976
Governs copyrights. Gives statutory copyright protection for the life of the author plus 70 years.
Section 102
Section of Copyright Act that protects original works of authorship.
Compilations of Facts
Copyrightable work formed by the collection and assembling of preexisting materials or data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.
Remedies for Copyright Infringement
Damages or penalties, statutory damages (not to exceed $150,000), fines or imprisonment, permanent injunction.
Fair Use Exception
Exception from copyright infringement where an organization or person can reproduce copyrighted material without paying for royalties.
First Sale Doctrine
Once the copyright owner sells a copy of their work, they no longer have control of the distribution of that copy.
Trade Secret
Unknown information that gives a business an advantage over competitors. Protected under common law and the Restatement of Torts.
Restatement of Torts (Section 757)
Those who disclose or use another’s trade secret, without authorization, are liable if either of the following is true.
Forms of Intellectual Property
Patents, Copyrights, Trademarks, Trade Secrets.
Paris Convention
An international treaty established in 1883 to protect intellectual property rights and ensure that individuals and businesses from one member country receive the same intellectual property protections in other member countries as they would in their home country.
Berne Convention
Automatic copyright recognition among member countries.
TRIPS
Trade-related aspects of intellectual property rights. Sets global standards for intellectual property protection, establishes standards and procedures, prohibits discrimination.
Madrid Protocol
Simplifies international trademark registration.
Anti-Counterfeiting Trade Agreement
Strengthens anti-counterfeiting enforcement.
