Sports Law Exam 3

Sports Law Exam 3 - Sports Law Exam 3 Chapter 14...

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Sports Law Exam 3 Chapter 14 – Intellectual Property Intangible Rights – Cannot be personally held. Can include licenses and endorsements IP is transferred in these two ways License: allow someone else to use intellectual property. License itself will set forth manner in which it can be used Endorsement: public state of preference or recommendation for product or service by a person or entity Either Celebrity or Expert Celebrity: Favre and Wranglers Expert: Basketball player promoting certain basketball. Tiger promoting golf clubs. Trademarks: many different types. Used to identify property. Identify it as your own, use a trademark Types: Trademark, Service mark, trade dress, trade name, certification mark, collective mark Trademark: Used to identify product. Lexus uses it for cars, Nike for tennis shoes. Can include words, symbols, shapes, colors, sounds, and movements. Service Mark: Identify services as opposed to products. Trade Dress: All encompassing. McDonald’s arches. Entire package of the product and the service. Includes the trademarks and service mark. Trade Name: name that identifies a business. Can overlap with a trademark. Name of Lexus is trade name, but the L symbol is a trademark. Certification Mark: Approval mark. Good House Keeping Seal of Approval. Construction plans might have mark from architects. Seal of approval Collective Mark: indicates membership in certain group. Boy Scouts have collective marks. Something that identifies one as being a member of a certain group. Federal Trademark Act: aka Lanham Act Several purposes: 1) designed to prevent nonowners from exploiting the good will of someone else’s property. Not always required to have trademarks registered. But it allows for it so you may do it Can also have federal state statues that prohibit certain conduct but do not allow people to sue for it. If there is a violation of the Lanhan Act, the party MAY SUE under the act
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Creates the presumption that a mark is valid. But it is rebuttable. If its shown to be invalid, the presumption is defeated. After 5 years of continuous usage, registration can become incontestable. Certain people cannot contest the validity of a certain mark. Not indefinite, only lasts for 10 years so you must renew it every 10 years.
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This note was uploaded on 11/10/2011 for the course BLAW 3202 taught by Professor Breaux,p during the Fall '08 term at LSU.

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Sports Law Exam 3 - Sports Law Exam 3 Chapter 14...

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