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What type of law protects intellectual property rights?
They are protected by both common law and federal and state statues.
Article I sec. 8 of the US constitution authorizes congress to...
"promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"
What are the types of intellectual property rights (for this course purposes)
Trademarks Service Marks Trade Names Patents Copyrights
Of those types of intellectual propery what does each apply to? Trademarks- Service Marks- Trade Names- Patents- Copyrights-
tradementas- apply to products SM- apply to serivces TN- business names P-for designs and inventions C- for literary and artistic work.
a trademark is a distinctive mark, motto or device or emblem affixed to goods so they can be easily identified and distinguished from goods from other manufacturers
Define service mark
is similiar to trademark (and gets the same protections) but is used to distinguish services of one company from those of another ex. airline logos
The use of identical or similar marks by competitors may lead to ____________.
A person who own a trademark or service mark is protected in its use by _______ and _________.
common law and statues
coca cola company v. koke co. of america illustrates common law protection of trademarks, what happened?
Coke competitor was prohibited from calling their product "koke"
What is the Lanham Trademark Act (1946)
incorporates the common law of trademarks and provides remedies for infringement through federal courts. Prohibits unauthorized use of the same or similar marks on competing or related goods.
What is the Federal Trademark Dilution Act (1995)
amended the Lanham Act to provide for a cause of action for trademark dilution in cases where the unauthorized use was on noncompeting goods or was unlikely to confuse.
When does infringement occur?
when a trademark is copies or used without consent
Is infringement intentional or unintentional?
can be both
who was the cause of action against the infringer?
When does dilution by a similar mark occur?
if the similar mark reduces the value of the famous mark or lessens its ability to identify goods and services
ex. no dilution of victoria secret occured by 'victors little secret' adult store, but did occur re 'sexy little things
case on pg 339 of text
ex. dilution is more likely when the company using the similar mark is a competitor 'sambucks coffee house' did dilute starbucks name
Trademarks and service marks can be registered with the _________.
USPTO or applicable state agencies. Registration is not required to sue for infringement, but it does provide proof of when the mark was first used.
When can a mark be registered?
if it is in service or going to be within 6 months
Marks must be ________ in order to be registered.
how long can trademarks last?
indefinitely as long as they are used, regardless or whether they are registered.
When can it be protected as a trademark?
is all or part of a business's name. Valuable because it is related to the business's products, business goodwill, marketing.
May be protected from infringement under common law
May be protected as a trademark if it is also part of the company's trademarks or service marks
A patent is a grant from the us patent and trademark office that gives an inventor the exclusive right to make, use and sell and invention for 20 years from the date of the application. Patents for designs are good for 14 years
Who gets the patent rights?
the first person to invent a product or process.
what is the effective life of a patent?
it is the length its good for, it may be shorter because of the application approval tive or in the case of pharmaceuticals the time for the FDA to approve the drug for use
A patentable utem bust be _____ and not ______.
novel and not obvious
patent infringement is _______.
What are copyrights?
intangible property right granted by federal statute to an originator or author of certain types of work.
works created after January 1, 1978 are automatically protected for _________.
the life of the author plus 70 years (can be registered but not necessary at the copyright office)
What does the copyright act protection say?
work must be original and fixed in a durable medium and fall within one of these 8 categories literary, musical, choreographical and dramatic works, pictoral, graphic and sculptures, films/audiovisual/tv/sounds, comp software and archtectural plans
When does copyright infringement occur?
When there is unauthorized copying of a protected work
infringers (of copyrights) may be subject to ______.
civil damages and criminal penalties (actual damages or statutory damages of 150,000)
fair use exception-
certain uses are permitted without the payment of a royalty (criticism, news reporting, research , teaching)
when a copyright has expired, the wirk is said to be in the ______.
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