P Chapter 6 Intellectual Property Flashcards
Intellectual Property
property resulting from the intellectual and creative process.
License
Agreement to allow another to temporarily use one’s otherwise protected intellectual property.
Trademark
Protects trade symbols, marks and designs
Dilution
use of a similar mark to that of a famous or distinctive marks may cause dilution of that mark’s value.
Descriptive terms, geographic terms, and personal names
are not inherently distinctive and do not receive protection until they acquire a secondary meaning which is when consumers begin to associate the term or phrase with the product. Ex: London Fog.
Generic terms
are general classes or categories of items, and usually do not have protection. Problem has arisen where originally trademarked names become generic ( ex. Aspirin )
Collective Marks
marks used by members of a given organization ( Ex. Union label )
Trade Dress
Image and overall appearance of a product.
Cyber mark
Trademark in cyberspace
Cybersquatting
register same or similar domain name to that of a trademark and then offering to sell that to the trademark holder.
Typosquatting
registering intentionally misspelled names of popular brands.
Patent
Protection of inventions
Copyright
Exclusive right of author or originator of art or literature to publish, print, sell, or otherwise use that creation for a statutory period of time.
Fair Use Doctrine
ok to copy and use for criticism, comment, news reporting, teaching or research as long as basically non-commercial, non-profit, not substantial part, and no harmful effect on its potential market as a result.
First Sale Doctrine
Once copyright owner sells or gives away a particular copy of a work, he loses the right to control the distribution of that copy.
