Chapter 9

Question 1

Intellectual Property

Answer 1

Intangible Property created by mental effort rather than physical labor. (Include trademarks, copyrights, and patents, which are generally governed by federal laws.

Question 2

Trademarks

Answer 2

A word, name, symbol, or combination of these that identifies the manufacturer of a product. Which is protected under the federal Lanham Act.

Question 3

Registration of Trademark

Answer 3

1) Register with patent and trademark office
2) Pay a fee, submit copy of mark , description and declaration of no conflict
3) Good for 10 years, which is renewable
4) and allows nationwide claim on the mark from the moment it is registered, so long there is intent to use the TM in commerce.

Question 4

If the trademark is registered but the company goes out of business

Answer 4

Then the trademark is fair game in the open market.

Question 5

Four Types of Trademarks

Answer 5

1) Arbitrary and Fanciful
2) Suggestive
3) Descriptive
4) Generic

Question 6

Arbitrary and Fanciful Trademark

Answer 6

Very creative, something you wouldn’t know otherwise. Apple , Captain Morgan, Exxon

Question 7

Suggestive Trademark

Answer 7

It hints at what the product is but requires a little thought. (Chicken of the sea -tuna, and greyhound buses) (most favored)

Question 8

Descriptive Trademark

Answer 8

Describes a characteristic or quality of a good or service. (Vision Center, Electronic Land) (highly favored)

Question 9

Generic Trademark

Answer 9

These trademarks are not favored because the words are common and do not refer to products from a specific producer. (Aspirin, vacuum cleaner, escalator)

Question 10

Secondary meaning of trademarks

Answer 10

Descriptive terms are not protectable , however if they develop a secondary meaning known by the public then it may be long use “Sports Illustrated”

Question 11

Trademark Law applies to

Answer 11

Movies titles, advertising slogans, titles of comic books, and fictional characters.

Question 12

Trademark Infringement

Answer 12

When a seller causes confusion about the origins of a product by improper use of a trademark.

Question 13

Louis Vuitton vs MOB

Answer 13

LV lost because the courts decided that MOB was trying to make light of the design of LV.

Question 14

Christian Louboutin vs Yves Saint Laurent

Answer 14

Red Sole vs Red shoes

Question 15

Dilution

Answer 15

Similar use of a famous mark by a 3rd party can cause dilution (watering down in the market place) of the distinctive quality of the actual famous ark.

Question 16

Example of Dilution

Answer 16

APL vs Adidas (3 stripe mark conflict)

Question 17

Cybersquatting

Answer 17

Registering selling or using an internet domain name with the intent of profiting from the goodwill of someone else’s trademark.

Question 18

Mattel inc, vs adventure apparel

Answer 18

adventure apparel created a domain name with Barbieclothing.com which would redirect to adventure apparel .. the court deemed this unlawful because of cybersquatting

Question 19

Counterfeiting

Answer 19

Fraudulent copying of a trademark without authority to do so. It uses a company’s intent to deceive the consumer by presenting itself as the trademark holder bu way of the fake logo.

Question 20

Copyrights

Answer 20

An exclusive right to use an original expression that is preserved in a tangible form. Applies to books, art, musical works and computer programs. Protected under the copyright act of 1976.

Question 21

Term of protection of copyrights

Answer 21

are the authors life plus 70 years.

Question 22

5 rights given by the copyright act.

Answer 22

1) The right to reproduce
2) The right to publish/distribute
3) The right to display in public
4) The right to perform in public
5) The right to prepare derivative works (Ex, a series of books)

Question 23

DC Comics vs Towle

Answer 23

Towle makes car kits to turn your car into the batmobile, DC Comics sued because of copyright infringement. Batmobile received this copyright because it is a distinctive part of the movie. (Read case briefing on this )

Question 24

S. Victor Whitmill v Warner Bros

Answer 24

The tattoo artist who did mike Tyson’s tribal tattoo was on Stu’s face in the hangover and the court found the tattoo artist in favor .

Question 25

Patents

Answer 25

The right to own and use an invention or design. It is granted on a first to file rule. It is good for 20 years after the filing of the patent application.

Question 26

The process to file a patent of an invention

Answer 26

1) It must be a process for producing useful concrete and tangible result. (ex.1962 patent for a pressure cooker )
2) it must be a machine (something with moving parts, such as a cigarette lighter)
3) An article of manufacture (eraser, tire, chair)
4) A composition of matter (Chemical, drug, soap)
5) An improvement- of an invention that fits within one of the first four categories

Question 27

Trade Secrets

Answer 27

A formula, pattern, device or compilation of information that is used in one’s business allowing an opportunity to obtain an advantage over competitors who do not know or use it

Question 28

Information is a trade secret if:

Answer 28

It is not known by the competitor, the business would lose its advantage if the competition got ahold of it and the owner has taken reasonable steps to protect it from disclosure

Question 29

Exploitation of trade secret

Answer 29

A misappropriation of a trade secret (Bohnsack v Varco )