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Lanham Act

Protects trademarks at federal level

Trademark

A distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces to distinguish them from the goods of other manufacturers.

The Federal Trademark Dilution Act of 1995

Prohibits dilution (unauthorized use of marks on goods or services, even if they do not compete directly with products whose marks are copied).

Trademark Registration

A trademark may be registered with a state or the federal government. Trademarks need not be registered to be protected.

Distinctiveness of the Mark

The extent to which the law protects a trademark is normally determined by how distinctive it is, with the purpose of reducing the likelihood that consumers will be confused by similar marks.

Strong Marks

Fanciful, arbitrary, or suggestive marks are considered most distinctive.

Descriptive Terms, Geographic Terms, and Personal Names

Descriptive terms, geographic terms, and personal names are not inherently distinctive and are not protected until they acquire a secondary meaning (which means that customers associate the mark with the source of a product)

Generic Terms

Terms such as bicycle or computer receive no protection, even if they acquire secondary meaning.

Service Marks

Used to distinguish the services of one person or company from those of another. Registered in the same manner as trademarks.

Certification Marks

Used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods or services.

Collective Marks

Certification marks used by members of a cooperative, association, or other organization.

Trade Dress

Trade dress is the image and appearance of a product, and has the same protection as trademarks.

Remedies for patent infringement

injunction, Damages for royalties, and Reimbursements for attorneys fees and costs

Theft of trade secrets

is now a federal crime under the Economic Espionage Act of 1996.

A valid, enforceable contract includes

1. agreement 2. consideration 3. capacity 4. legality

Executed Performance

fully performed by both sides.

Executory Performance

at least one of the parties has not performed.

Protected Expression

1. Fit a certain catergory 2. Be fixed in a durable medium 3. Be original

Contracts

are not enforceable if they are contrary to public policy, fairness, and justice.

Defenses to the Enforceability of a Contract

1. genuineness of assent 2. Must be in the contract form

Express versus Implied Contracts

An express contract fully and explicitly states the terms of the agreement in words (oral or written). An implied-in-fact contract is implied from the conduct of the parties.

An offter has 3 elements

1. Intention 2.Definiteness 3. Communication

When offer starts

When the offeree recieves it

Element of consideration

1. Something of legal value 2. Bargained for exchange

Adhesion Contract

drafted by one party for that party's benefit) may be held unconscionable

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