Unit 3: Intellectual Property Flashcards
Trademarks, Patents, Copyright and Trade Secrets
(4) Categories of Intellectual Property
- Trademark
- Patent must be registered to be protected
- Copyright
- Trade secret
Trademark
Distinct mark/motto/symbol used in commerce
Distinctive/used in commerce
May register, not required
ex: Nike Swish “Just do it”
(5) levels of trademarks
- Fanciful
- Arbitrary
- Suggestive
- Descriptive
- Generic
Fanciful trademark
Made up word attached to product/service
Has automatic (court) protection
ex: Google, xerox
Arbitrary trademark
Word that exists in reality but not used to describe the actual product
Has automatic (court) protection
ex: Apple, Amazon, Reebok
Suggestive Trademark
Implies connection between a company and a product
ex: Diary Queen (Diary implies milk, Queen suggests royal/rich; Airbnb (suggests “air” and “bed and breakfast,” hinting at a way to find and book accommodations.
Descriptive Trademark
Describes exact good a company provides
ex: Calvin Klein, American Airlines
Generic Trademark
Generic words/phrases; no protection when representing an entire class of products
Ex: Aspirin, Elevator
Trademark Registration
Can register if currently in commerce or product will go to market in 6-months
Don’t have to be registered to have a claim
Federal Trademark Dilution Act
protects distinctive or famous marks from unauthorized use; the mark doesn’t have to be identical - it need only show that the non-competing good is likely to cause confusion
ex: Nabisco v. PF Brands, Inc.” (1997). Nabisco, the well-known maker of “Oreo” cookies, sued PF Brands over its use of the term “Oreo” for a brand of dog biscuits. The court sided with Nabisco, finding that the use of the term “Oreo” by PF Brands could dilute the distinctiveness of Nabisco’s famous trademark. The decision was based on the fact that “Oreo” was a famous mark with substantial recognition and that PF Brands’ use could blur the association between the mark and Nabisco’s cookies, even though the products were different.
Infringement Vs. Dilution
Infringement: Confusion among consumers a/b source of goods/products
Dilution: Weakening/harm of famous trademark, lessening the value
Patents
Must register a patent to have protection (1st to register has protection)
Must prove it’s novel, useful and not obvious
Exclusive right to make/use/sell invention for 20 yrs
Copyright
Intangible Property rights of a literary/artistic productions
Not required to register to have protection
Lasts for life of author PLUS 70yrs
What can you copyright?
- Literary works
- Dramatic works
- Pictoral/graphic/sculpture
- Sound recordings
- Musical works
- Pantomimes/Choreography
- Motion picture/audiovisual
- Architectural works
Fair use exception for criticism, comment, news reporting and teaching
Trade Secrets
Protects a business process/info that can’t be patented/trademarked/copyrighted
Includes customer lists, R&D, etc..
