Intellectual_Property

Intellectual_Property - 1 Intellectual Property 2...

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Unformatted text preview: 1 Intellectual Property 2 Background Information • What is Intellectual Property? – Any property created by the intellectual, creative process • Why do we have IP law? – w/o people would lose incentive to create and innovate – IP laws required by World Trade Organization and other major int’l agreements. 3 Trademarks • Definition: mark, motto, device, or emblem that a manufacturer uses to identify itself by placing the mark on its goods. • Ben and Jerry’s Ice Cream is a well-known ice cream maker. When Gary realized how popular Ben and Jerry’s became, he decided to open his own shop. He teamed up with a friend, Bain, and opened Bain and Gary’s Ice Cream shop. Will Bain and Gary be liable for infringement? • Infringement: Occurs when same mark or similar mark is used by another in a way that causes consumer confusion. 4 Trademarks • Definition: mark, motto, device, or emblem that a manufacturer uses to identify itself by placing the mark on its goods. • Ben and Jerry’s Ice Cream is a well-known ice cream maker. When Gary realized how popular Ben and Jerry’s became, he decided to open his own shop. He teamed up with a friend, Bain, and opened Bain and Gary’s Ice Cream shop. Will Bain and Gary be liable for infringement? Depends. This name is similar, but Ben and Jerry’s would have to prove that consumers purchased Bain and Gary’s with the belief they were purchasing Ben and Jerry’s. • Infringement: Occurs when same mark or similar mark is used by another in a way that causes consumer confusion. 5 Related Marks • Service Marks: a mark used to identify a business that provides a service, rather than a product 6 Related Marks (cont’d) • Trade or Business Name: cannot be protected unless it is actually used as a brand on the product. • Trade Dress: overall appearance of service or product – Protectable as is a trademark Protectability of Marks • Requirements: – Must actually be used on product or service – Must identify the source of that product or service • Secondary Meaning: through use in the market, consumers have come to associate your mark with your product 7 8 Protectability of Marks • Strong Marks (automatic protection) – Fanciful: completely made up – Arbitrary: using word or symbols in a way not normally used – Suggestive: gives an idea of the product • Weak Marks Requiring Secondary Meaning – Descriptive or Geographic Terms – Personal Names • Generic Terms: common, everyday word. – Cannot receive trademark protection…ever 9 How Strong is It? 10 How Strong is It? 11 How Strong is It? How Strong is It? 12 13 How Strong is It? 14 How Strong is It? 15 How Strong is It? How Strong is It?...
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This note was uploaded on 10/27/2009 for the course LEB 03605 taught by Professor Peterson during the Spring '09 term at University of Texas.

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Intellectual_Property - 1 Intellectual Property 2...

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