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LGST 101 Lecture 9

A trademark is any word name symbol or device or any

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“A trademark is any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish his goods” (p. 129) o A symbol, drawing, etc. that represents something o Also represents quality of product o Becomes ingrained in public’s mind – has value o Ability to communicate without saying anything o Trademark office Can register trademark Can’t be confusing to consumer – has to be clear and unique o Can last forever Must be first to come up with it, must use it, and must protect it Should anyone else use it, you must protect it If you don’t do anything, it will eventually fall to the public domain o Trenton State College Changed name to College of New Jersey Sued by Princeton, which was called the College of New Jersey But Princeton has not used that name in decades o Not using trademark relinquishes it – puts it in public domain (must use and defend) o If you register trademark, that’s the easiest way to protect it; otherwise, you must prove that: This is yours before anyone else came along You use it regularly It is unique Cases Popov o Went to court of equity o (Something) o Both had equal claim Decided upon equitable division Swift o Limited, local rule o Who owns the whale? o Court says there was a rule regarding animals, but that was a rule for land animal o Used the Rule of First Iron (local rule) (Something) o Divide money equally among five boys o Rule of equitable division o Need intent to own Kids had no intent to own at first
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Money was distributed evenly Groxter? o Courts are dealing with new innovative technology How do they deal with it? o Two key cases Napster Sony o Sony When video recorders first came out, they were used to record anything that came on TV Manufacturers on TV said this was illegal – copyright infringement Wanted to stop innovation – VCRs would be illegal Disney didn’t like this Reissued movies every decade New batch of kids would watch every decade Unlimited income from this movies But if you could make a copy, why would you go to the theater?
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