Intellectual Property & CSR Flashcards
a distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixed to the goods it produces
Trademark
What act governs trademark protection?
The Lanham Trademark act
How often do you need to renew a trademark?
Every 10 years.
Trademark Spectrum of Distinctiveness
Fanciful most distinctive to Generic which is least distinctive.
Fanciful Marks
made-up words or marks that are prima facie distinctive and registerable, e.g., Kodak
Arbitrary Marks
based on existing words but used in an arbitrary way. For example, Apple computers have nothing to do with the fruit, but they are the trademark for their products
Suggestive Marks
include a term that is connected to the product but is still distinguishable. This is the weakest of the strong marks and the most likely to fail registration, e.g., froot loops.
Descriptive Marks
considered weak marks and are difficult to get registered without proof of commercial distinctiveness.
Generic Marks
is either something that is already the common name of an item (shoes, ball, computer) or is a term that was once trademarked but became so ubiquitous that everyone now refers to all similar products by that term. Not registerable
How long is the term of a new patent?
Typically 20 years
How long are design patents?
14 years
Who gets the patent? First to invent or first to file?
First to file
American economic and societal well-being and therefore must take broader societal objectives and values into consideration in their conduct.
Harward Bowen’s definition of social responsibility
Iron law of responsibility
the general rule that corporate power must be checked by social responsibility in order to be maintained
stakeholder theory
suggests that corporations are responsible to more than just their stockholders or shareholders—they are in fact responsible to everyone “that has a stake in the actions of the corporation.
