Student ppt Chapter 8

Student ppt Chapter 8 - Chapter 8 Intellectual Property and...

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Chapter 8 Intellectual Property and Internet Law 
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2 Introduction Intellectual property (or “I.P.”) is becoming more important because the value of many corporations (e.g., Microsoft) is based primarily on I.P. Founders of America understood the value of I.P. and its impact on interstate commerce. Article I § 8 authorizes Congress to “secur[e] for limited times to Authors and Inventors the exclusive Right to their
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3 Types of Intellectual Property Trademarks. Service Marks. Trade Dress. Patents. Copyrights. Cyberspace I.P.
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4 §1: Trademarks Distinctive mark, motto or device or emblem that a manufacturer stamps, prints or otherwise affixes to the goods it produces. Distinguish product/service from goods of other manufacturers and merchants. Avoids consumer confusion. Case 8.1 : Coca Cola v. Koke Co.  (1920).
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5 Trademarks-Statutory Protection Lanham Trademark Act (1946) creates incentives for companies to invest; prevents unjust enrichment of companies who infringe. Federal Trademark Dilution Act (1995 Cause of action regardless of competition or confusion based on a “similar” mark.
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6 Trademarks - Registration Register with U.S. Patent Trademark Office if: Mark is currently in commerce; or Applicant intends to put it into commerce within 6 months. Registration allows use of “®” symbol.
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7 Trademark Infringement Whenever a trademark is copied or used, intentionally or unintentionally, there is infringement. Trademark owner has cause of action
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Student ppt Chapter 8 - Chapter 8 Intellectual Property and...

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