FINAL EXAM 4 SG Flashcards
What are the 3 major branches of IP?
Trademark, copyright, and patent
distinctive word, symbol or design that identities the manufacturer as the source of particular goods and distinguishes their product/ services from others
trademark
Right of an author to have exclusive use of that work for given period of time
copyright
grant from the government that gives an inventor exclusive rights for that work for a given period of time
patent
what are the importance of trademark, copyright, and patent, how does the source affect the way the given area of IP operates
it influences the way things are dealt with because violations are punishable by LAW Statutory protection of IP started in the 40s and evolve to meet the needs of modern society
what is the duration of each branch of Intellectual property
patent- 20 years from date filed
copyright- length of authors light + 70 years
trademark- lasts as long as its in use
how does the trademark registration work
the process is 1. the app is filed, 2. Patrent and trade office examines, 3. if approved, its published and theres 30 days for opposition to be allowed 4. statement of use must be filed within 6 months
do you have to use your mark right away?
it must be: 1. currently in commerce 2. applicant intends to put into commerce within 6 months
purpose is so that people dont reserve TM they arent going to use
what are some advantages of TM registration?
constructive use date going back to application. Registration represents: validity/ ownership of mark
able to sue and collect damages
bc of how its used and where its used people might buy it will prob see it as a label that shows who made service or product
inherent distinctiveness
not inherently distinctive, purchases have come to perceive it as a designation that identfies specific goods or services
acquired distinctivness
what is the spectrum of TM
Arbitrary, fanciful, suggestive, descriptive, and generic
real word that has nothing to do with the product like apple
arbitrary
made up word like google
fanciful
association without describing the product directly, customer must use imagination to figure out the products like dairy queen
suggestive
mark evolves from what the brand represents to who the brand represents like nike
descriptive
mark describes qualities or characteristics and recives no legal protection
generic
TM has been used without authorization. owner of the TM must show that the defendants goods or services
infringement
distinctive or famous TMs are protected from unauthorized uses of the marks, regardless of a showing of competition or likelihood of confusion
dilution
what is the difference between infringement and dilution
dilution there is no need to prove a likelihood of confusion to protect a mark. The only requirement for dilution is that the use of a famous mark by a third party causes the dilution of the distinctive quality of the mark
uses to distinguish services like a regular TM
service marks
signifies a union, cooperative, association is behind the good or service (CPA)
Collective marks
certifies quality
certification marks
image and overall appearance of a product
trade dress
what can be patened? what is the standard for obtaining a patent?
anything considered useful, novel, non-obvious
theories concepts or laws of nature can or cannot be patented?
cannot
when a trademark has been used without authorization, the owner of TM must show that the defendants use caused intentional confusion
infringement
what are the remedies for infringement
injunction- ocvers actual damages + any profits the infringer recieved
who can obtain copyright
author of certain literary or artistic production
how long do protections last
for artists its 70+ years, companies its 95 years from date of publication or 120 years form the date of creation
to be protected, work must be in a fixable medium from which it could be perceived, communicated and it protected by the 1976 copyright act
how are copyrights protected
what are the types of penalities for copyright infringement
actual or statutory damages based on harm caused by infringment and criminal penalities
exception to liability for copyright infringement
fair use
what are the factors to fair use
purpose and character of use, nature of copyrighted work, amount of work used compared to full work, effect of the use on potential market for value
once a copyright owner sells or gives away a particular copy of work, the owner no longer has control to the distribution of that copy
first sale doctrine, ex: you buy hunger games and then sell it
amended to include software and computer programs in the list for copyrighted works
computer software copyright act
what effect did digitization have on copyright
digitization made it 10x easier to copyright
ensures that copyrighted digital materials are not given away for free on the internet
digital millennium copyright act
Limited liabilities of internet service providers (ISP) to only be held liable if they are
aware of the subscribers violation and fail to take action to shut them down
formula, device, idea, process, used in a business that gives them a competitive advantage
trade secret, this protection extends to ideas and expression
