Exam 4 (final) Flashcards
Rights of ownership in intellectual property
Very important
Intellectual rights
Can be even more importatnt than personal/property rights
Protection of intellectual property rights are in…
US Article 1, Section 8 of the Constitution
Where did the idea of incentivizing creative works protection originate?
Venice, Italy during the Renaissance
Intellectual property makes your idea/creative work like
Real property
Intellectual property protection is primarily an area of
Federal law
Legal concern of intellectual prop. is
Illegal use of the property - called infringement
What is illegal use of intellectual property called
Infringement
Damages on intellectual property
Can be extensive, and can provide that defendant pays succesful plaintiff’s attorney fee
Types of intellectual property to know
Trademarks, service marks, trade dress, patents, copyrights, and trade secrets
You copyright the (blank) , not the (blank)
song, not the invnetion.
Trademarks
TM or R with circle
- Protects distinctive marks about a company from anotehr comapny copying that
- Protects its value
Statutory Protection (part of TM)
federal Trademark Dilution Act
What does Statutory Protection protect
- Distintive marks
- Not all carbonated beverages are coke
- Don’t want people confusing companies
How long does a trademark last
Indefinitely as long as it is continuously used in commerce
- Renewed between 5th and 6th years after being made, adnn every 10 years after that
- If you don’t use it, you might lose it
tradmemark infringement
Can get cease and desist order and ciolates common law or statuoory protections
- Coke, Xerox, and Kleenex all use
To be considered infringement, it must
- Be Used without permission
- Created a likelihood of confusion about the origin of defendatnt’s goods and services
S
Service Marks
Registered like a Tm but distinguishes services rather than products
- Ex. “You’re in good hands” - Allstate. “I’m Lovin’ it” - Mcdonald’s
Duration of Service Marks
Sames as Trademarks
Trade Dress
Image and overall appearance of a product (very broad)
What do Trade Dresses’ protect
- Placement of words
- Colors of Company (sometimes)
- Layout of a restaurant
Trade Dress Duration and protections
Both same as Trademarks
Trade Name
Related to a businesss’s name and good will - protected as trade mark if it is same name as companyn’s product
- Ex. Coca Cola
Trade name’s are protected
under common law like TM’s