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Unformatted text preview: Chapter 10
INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET Trademarks and Service Marks
Trademark is a distinctive motto, name or
symbol on a product. Service Mark applies to a service. Lanham Act grants producer the exclusive right to register and use the trademark. Owners of marks may obtain federal protection by registering the mark with the U.S. Patent and Trademark Office (www.uspto.gov ).
2 Marks: Names, Symbols & Designs
Mark distinguishes owner's goods or services from those of others. Trademarks identify goods. Service marks identify services. Protection by registration grants registrant exclusive rights. Examples of registrable trademarks:
marks that are coined, completely fanciful, or arbitrary Kodak film terms suggestive of some quality of product Frigidaire refrigerators acquired secondary meaning--surname, descriptive or geography Philadelphia cream cheese 3 Trademarks and Service Marks
Generic Terms (soap, shirts) may never be
protected. Trade Dress Protection involves a product's total image and the overall packaging look. Limited Lanham Act protection of product design. Courts are now expanding trade dress to include the
design of the product itself. 4 Trademarks and Service Marks
Trademark owner may obtain injunction from
imitating or duplicating the mark. A mark can be abandoned and become generic. Examples: aspirin, thermos. 5 Internet Domain Names
Cybersquatters: use someone's trademark as a
domain name. Federal Anticybersquatting Consumer Protection
Act (ACPA) of 1995. Safe harbor exists for some users. Dispute Avoidance under ICANN and WIPO. 6 Copyrights
A copyright is the exclusive right given by
federal statute to the creator of a literary or an artistic work to use, reproduce, or display the work. Copyrights run for the life of the creator plus 70 years after the creator's death. 7 Copyrights
Copyrights protect literary, musical, dramatic
and artistic work in books, photographs. Even material on the internet. A copyright holder has the exclusive right to: Reproduce the work; Prepare derivative works; Distribute copies; Publicly perform the work; and Publicly display the work.
"Fair Use" is an exception to the exclusive
rights of copyright holders, depending on four factors: purpose and character; nature of the work; amount used; and the effect on the use. Digital Millennium Copyright Act of 1998. "Safe Harbor" provisions protect internet service
providers from copyright liability. 9 Patents
A patent gives the inventor an exclusive right
for 20 years from the date of application to make, use, and sell an invention that is new and useful and unique (not obvious). Utility Patents. Design Patents. Plant Patents. 10 Patents
To receive a patent, the invention must be new
and not obvious. May lead to highly technical hearings before a
patent officer at the US Patent and Trademark Office. Internet Business Methods can be patentable.
Example: Amazon.com "one click" for purchases.
11 Secret Business Information
Trade secrets are protected under state law for
an unlimited period so long as they are not made public. Defense measures include: Non-disclosure agreements. Injunctions. Exit Interviews. Criminal Sanctions under the Economic Espionage
Act of 1996.
12 Protection of Computers and Mask Products
Protection of computer programs and the
design of computer chips and mask works is commonly obtained, subject to certain limitations, by complying with federal statutes, by using the law of trade secrets, and by requiring restrictive licensing agreements. Many software developers pursue all of these means to protect their proprietary interests in their programs.
13 Protection of Computers and Mask Products
Patents have also been obtained for computer
programs. Semiconductor Chip Protection Act protects the design of a computer chip. Remedies for violation include: Actual Damages and Forfeit Profits to Real Owner. 14 Summary Comparison of Intellectual Property Rights
Type of Intellectual Property Trademarks Words, names, symbols or devices used to identify a product or service Identifies and distinguishes a product or service Patent and Trademark Office Indefinite so long as it continues to be used Copyrights Original creative works of authorship such as writings, movies, records, and computer software Original creative works in writing or in another format Register of Copyrights Life of author plus 50 years or 75 years from publication for "work for hire" Patents Utility, design, and plant patents Trade Secrets Protection Applicable Standard Where to Apply Duration Advantageous formulas, devices, or compilation of information New and non- Not readily obvious ascertainable, advances in not disclosed to the art the public Patent and No public Trademark registration Office necessary Utility and plant patents 20 years from date of application; design patents 14 years Indefinite so long as secret is not disclosed to public 15 ...
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This note was uploaded on 05/12/2010 for the course BUS 2241 taught by Professor Mcguinnes during the Spring '10 term at Valencia.
- Spring '10
- Business Law