Chapter 8: Intellectual Property Rights Flashcards
Certification Mark
A mark used by one or more persons, other than the owner, to certify the region, materials, motive manufacturer, quality, or accuracy of the owner’s goods or services. Examples of certification marks include the “Good Housekeeping Seal of Approval” and “UL tested.”
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. Examples of collective marks include the labor union marks found on tags of certain products and the credits of movies, which indicate the various associations and organizations that participated in the making of the movies.
Copyright
The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship, including computer programs.
Dilution
With respect to trademarks, a doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses of the marks regardless of a showing of competition of a likelihood of confusion. Congress created a federal cause of action for dilution in 1995 with the passage of the Federal Trademark Dilution Act.
Intellectual Property
Property resulting from intellectual, creative processes. Patents, trademarks, and copyrights are examples of intellectual property.
License
In the context of intellectual property, a contract permitting the use of a trademark, copyright, patent, or trade secret of certain purposes. In the context of real property, a revocable right or privilege of a person to come on another person’s land.
Patent
A government grant that gives an inventor the exclusive right of privilege to make, use. Or sell his or her invention for a limited time period.
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. Titles, character names, and other distinctive features of radio and television programs may be registered as service marks.
Trade Dress
The image and overall appearance of a product - for example,
Trade Name
A term that is used to indicate part or all of a business’s name and that is directly related to the business’s reputation and goodwill. Trade names are protected under the common law (and under trademark law. If the name is the same as the firm’s trademark).
Trade Secret
Information or a process that gives a business an advantage over competitors who do not know the information or process.
Trademark
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 know, Once a trademark is established (under the common law or through registration), the owner is entitled to its exclusive use.
