CLASS NOTES TEST 3b

CLASS NOTES TEST 3b - Intellectual Property A product of...

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Intellectual Property A product of the Individuals mind Trademarks - The landham act protects trademarks at federal level, states have statutes as well - A trademark is a mark, motto, device or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces to distinguish them from the goods of other manufacturers Trademark Dilution Act of 1995 - Prohibits dilution, marks that do not directly compete or are not related but still have an effect because of recognition - Ex: A barnham and bailey circus case was upheld because the state of Utag was using its slogan “the greates show on earth”. It did not directly compete but showed dillution. Trademark Registration A trademark may be registered with a state or the federal government , trademarks do not need to be registered to be protected - Cannot be disparaging or offensive - Marks that become disparaging over time cannot be cancelled Trademark Requirements for Federal Registration - register with trademark office on the basis of use, or intent to use within 6 months - you must renew between the 5 th and 6 th years, and then on every ten years Requirements for Trademark Protection - has to be in commerce - or going to be in commerce in six months Generally based on how distinctive it is - Strong Marks o Fanciful, arbitrary, or suggestive marks are considered most distinctive Ex: English Leather aftershave would be upheld because it has nothing to do with leather made in england. - Descriptive terms, geographic terms, and personal names o These are not distinctive and are not protected unless they acquire a second meaning in which customers associate with the product o This weighed on how strong the product is marketed and how much sales
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the trademark has done - Generic Terms o Ex: bicycle or computer are words that arnt protected even if they get a second meaning. o Trouble arises when trademarks become generic terms such as Thermos, or Aspirin Trademark Infingment Occurs if it is copied substantially or completely Serivce, Certification, and Collective Marks Trademark laws also apply to: - Service marks o Used to distinguish services from one company to another. Registered the same - certification marks o used by people other than the owner to certify items of the owners goods or services - collective marks o certification marks used by members of a cooperative or association Trade Names Used to indicate a business name. - No registration - Protected under common law if same as trademarked product or service marks - Ex: Mountain Dew for Pepsi Trade Dress - The image and appearance of a product - subject to same protection as trademarks - Ex: A resturaunts menu layout - Customer confusion is the deciding point Cyber Marks - basicaaly the same Patents
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A grant from the Government to use and secure an invention for 20 years, 14 years for a design Requirements for a Patent - Must be genuine - Novel - Useful - not obvious. -
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This note was uploaded on 03/17/2009 for the course BCOR 3000 taught by Professor Morley during the Fall '07 term at Colorado.

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CLASS NOTES TEST 3b - Intellectual Property A product of...

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