Business Law – Chapter 8 Intellectual Property and Internet Law SECTION 1 - TRADEMARKS AND RELATED PROPERTY Trademark – distinctive mark, motto, device, or implement that a manufacturer stamps, prints or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. In other words, a trademark is a source indicator. Statutory protection of trademarks and related property is provided at the federal level by the Lanham Act of 1946. The Lanham Act was enacted, in part, to protect manufacturers from losing business to rival companies that used confusingly similar trademarks. The Lanham Act incorporates the common law of trademarks and provides remedies for owners of trademarks who wish to enforce their claims in federal court. Trademark dilution laws protect “distinctive” or “famous” trademarks (such as Jergens, McDonald’s, Dell, and Apple) from certain unauthorized uses even when the use is on noncompeting goods or is unlikely to confuse. More than half of the states have also enacted trademark dilution laws. Trademarks may be registered with the state or with the federal government. To register for protection under federal trademark law, a person must file an application with the U.S. Patent and Trademark Office in Washington, D.C. Under current law, a mark can be registered (1) if it is currently in commerce or (2) if the applicant intends to put it into commerce within six months. A service mark is essentially a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another. For example, each airline has a particular mark or symbol associated with its name. Titles and character names used in radio and television are frequently registered as service marks. Other marks protected by law include certification marks and collective marks. A certification mark is used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services. Collective mark – when used by members of a cooperative, association, or other organization The term trade dress refers to the image and overall appearance of a product. Trade dress is a broad concept and can include either all or part of the total image or overall impression created by a product or its packaging. THE STOP COUNTERFEITING IN MANUFACTURED GOODS ACT - The Stop Counterfeiting in Manufactured Goods Act (SCMGA) was enacted to combat counterfeit goods. The act makes it a crime to traffic intentionally in or attempt to traffic in counterfeit goods or services, or to knowingly use a counterfeit mark on or in connection with goods or services.
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- Business Law Outlines, Copyright Act, Trademark dilution laws