Chapter 5 Notes - 1

Chapter 5 Notes - 1 - Ch. 5 Intellectual Property property...

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Ch. 5 Intellectual Property – property resulting from intellectual, creative processes Article I, Section 8 of the Constitution authorized Congress to protect patents, trademarks, and copyrights Trademark – a distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known Statutory Protection of Trademarks provided at the federal level o Lanham Act of 1946 – provides common law of trademarks and provides remedies for owners who wish to enforce their claims in federal court o Federal Trademark Dilution Act of 1995 – amendment to the Lanham Act which protected trademarks from certain unauthorized uses even when the use is on noncompeting goods or unlikely to confuse Trademark Registration may occur at the state or federal level o Can be registered if it is currently in commerce or intends to put the mark into commerce within 6 months Protected during waiting period o Renewable between the 5 th and 6 th years after initial registration and every 10 years after Trademark Infringement o Owner must prove that the trademark created confusion, does not need intent o Common remedy is injunction , recover actual damages and profits Distinctiveness of the Mark - strong marks and secondary meaning receives protection, but not generic terms o Service Mark – a mark used in the sale or advertising of services to distinguish the services of one person from those of others o Certification Mark – a mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services o Collective Mark – a mark used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture,
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This note was uploaded on 04/09/2012 for the course LAW LAW taught by Professor Ricks during the Spring '09 term at Rutgers.

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Chapter 5 Notes - 1 - Ch. 5 Intellectual Property property...

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