LAW CHAP 5

• Why is the protection of trademarks important?

  Trademarking Protects Your Brand
• Intellectual Property


  any property resulting from intellectual and creative processes
• Trademark


  distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others
• Statutory protection of trademarks

  Protection is provided by the lanham act of 1946

  Trademark Dilution
• Trademark Dilution Revision Act (TRDA)


  Plaintiff owns distinctive famous mark

  Defendant uses mark allegedly diluting famous mark

  Association between the marks

  Association is likely to impair distinctiveness
• How does the law protect patents ?


  Patents grant inventors the right to exclude others from making, using, offering for sale, importing, or selling the invention in the United States.
• What is patentable ?


  invention must be novel, useful, and not obvious in light of current technology
• What is not patentable ?

  laws of nature

  natural phenomena

  abstract ideas
• Patent Infringement


  The manufacture, use or sale of another's product or design without permission (license) is patent infringement
• Remedies For Patent Infringement

  Sue for relief

  Seek an injunction against the infringer

  Request damages for royalties and lost profits

  Seek reimbursement for attorneys fees and costs
• What laws protect authors rights in the works they create ?

  Copyright, a form of intellectual property law,
• Copyrights


  intangible property right granted by federal statute to the author or originator of certain literary or artistic productions
• How are copyrights registered ?


  Copyrights can be registered with the U.S copyright office but registration is not required
• what are copyright owners protected against ?

  Reproduction of the work

  Development of derivative works

  Distribution of the work

  Public display of the work
• what are trade secrets ?

  is a formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace
• what laws offer protection for this form of intellectual property ?

  section 757 of the restatement of torts
• liability of section 757 restatement torts applies only if


  they discovered the secret by improper means or/and their disclosure or use constitutes a breach of a duty owed to the other party.
• How does the TRIPS AGREEMENT protect intellectual property worldwide ?

  Makes sure all countries have basic standards for patents, trademarks, copyrights,

  
  

  Helps protect ideas and inventions globally while encouraging fair trade
• Generic Terms


  an entire class of products receive no protection, even if they acquire secondary meanings
• Service mark


  Trademark that is used to distinguish the services (rather than the products) of one person or company from those of another
• Certification Mark


  used to indicate that goods or services meet certain standards or qualifications set by an organization or authority.
• Collective Mark


  used by members of an organization, association, or collective group to identify their goods or services as being from a particular group or organization.
• Counterfeit Goods


  Counterfeit goods copy or otherwise imitate trademarked goods but are not genuine
• Trade Dress


  The image and overall appearance of a product

  
  

  broad concept that can include all or part of the total image or overall impression created by a product and its packaging
• Stop Counterfeiting In Manufactured Goods Act (SCMGA)


  it is a crime to traffic in counterfeit goods and services
• penalties for counterfeiting


  Up to $2 million or imprisonment for up to 10 years (more if repeat offenders)
• Combating online sales of counterfeit goods

  U.S officials use court orders to shut down websites that sell foreign counterfeit goods
• Trade Name


  name that is a business uses to identify itself and its brand
• Trade name is related to ?

  a business reputation and goodwill and is protected under trademark law
• licensing


  Agreement that permits use of trademark, copyright, patent, or trade secret for limited purposes
• name of owner of license

  licensor
• name of user of license


  licensee
• Patents


  property right granted by the federal government that gives an inventor an exclusive right to make, use, sell, or offer to sell an invention in the United States for a limited time
• What is protected expression ?

  Work must be original
• Section 102 exclusions


  - Anything that is not original expression

  - facts known to public

  - page numbers

  - math calculations

  - ideas
• Compilations of facts


  may be copyrightable if the resulting compilation constitutes an original work of authorship
• copyright infringement


  occurs when form or expression is copied. It does not have to be in its entirety
• remedies for copyright infringement


  actual damages statutory damages, or criminal penalties
• The "Fair Use" Exception

  the use of copyrighted material for the purposes of criticism, comment, new reporting, teaching, scholarship, or research is not an infringement of copyright
• guidelines determine fair use exception

  - The purpose and character of the use

  - The nature of the copyrighted work

  - The amount and substantiality of the portion in relation to the copyrighted work as a whole

  - The effect of the use upon the potential market for or value of the copyrighted work