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Chapter 5

Terms in this set (38)

What is Intellectual property?
Property resulting from intellectual, creative process, the products of an individuals mind.
Why does the law protect trademarks and patents?
To reward inventive and artistic creativity.
What laws protect authors' rights in the works they generate?
Copyright Laws
What are trade secrets, and what laws offer protection for this form of intellectual property?
Information or process that give a business an advantage over competitors that do not know the information or process, are trade secrets Federal and state statues give protection in the us, and international treaties
Intellectual property
property resulting from intellectual creative processes, the products of an individuals mind eq: software, movies, music, etc.
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. Once a trademark is established (under the common law or through registration), the owner is entitled to its exclusive use
Federal Trademark Dilation Act (1995)
, allows suits for trademark dilution in federal court. Protects distinctive or famous trademarks from being used by other even a non-competitive goods, or when unlikely to confuse. Many states similarly have trademark dilution statues
Trademark Registration
Both federal and state entities (in some states)
Federal registration: application to the U.S. patent and trademark office in Washington, D.C.
Can Have Trademark if...
1. Currently in commerce
2. Will be put into commerce within 6 months (that 6 months can be extended by 30 days on special circumstance)
3. Must file use statement
Trademark Infringement
Intentional or unintentional copying, either entirely or to a substantial degree, of a registered mark (used without authorization)

Must prove: defendant's use of the mark created a likelihood of confusion about the origin of defendant's goods or services
Trademark Infringement Remedies
: injunction, actual damages and profits of infringes, destruction of any goods bearing unauthorized mark, possibly attorneys' fees
Suggestive marks
brings to mind something about the product without describing the product directly
Secondary Meaning
When customers begin to associate a specific term or phrase with specific trademarks items and the notion that those items are from a particular source. Usually depends on extensive product advertising, product's market share and other relevant factors
Generic Terms
Terms that refer to an entire class of products, No protections
Service Mark
Mark used in sale or advertising of services to distinguish the source of the services. EG: Titles. Character, names, distinctive features of radio or television
Certification Mark
Mark used by one or more individuals other than owner to certify the region materials, mode of manufacture, quality, or other characteristic of specific goods or services
Collective Mark
Mark used by members of a cooperative, association, union, or other organization to certify the region, materials, and mode of manufacture, quality or other characteristic of specific goods or services
Trade Dress
the image and overall appearance of a product, subject to the same protections as trademarks
Stop counterfeiting in manufactures goods act of 2006 (SCMGA)
Makes it a crime to intentionally traffic in, or attempt to traffic in counterfeit goods or services, or to knowingly use a counterfeit mark on, or in connection with goods or services
Penalties of Stop counterfeiting in manufactures goods act of 2006 (SCMGA)
1. Fine up to $2 Million
2. Imprisonment up to 10yrs on 1st offense
3. Forfeiture of counterfeit product and any property used in commission of crime
4. Restitution in amount equal to victims loss
Tradename
Term that is used to indicate part or all of a business' name that is directly related to the business' reputation and goodwill. Tradenames are protected under common law (and under trademark law if name is same as trademarks product) Not registered with federal government. Names must be unusual or fanciful to be protected.
Cybermark
A trademark in cyberspace
Domain Name
Part of an Internet address
Top level domain- part of Internet address which is to the right of the period that indicates the type of entity that operate the site
Second Level Domain- part of Internet address to the left of the period, which is chosen by the entity registering the domain name
Internet Corporation for Assigned names and numbers (ICANN)
A non-profit corporation oversees the distribution of domain names and operates an online arbitration system
Cybersquatting
Act of registering a domain name that is the same as, or confusingly similar to, the trademark of another, and then offering to sell that tradenames back to the trademark owner
Anti-Cybersquatting consumer protection act of 1999
Makes it illegal to register traffic in or use a domain name (1) if the name is identical to or confusingly similar to the trademark of another, and (2) if the person registering, trafficking in, or using the domain name has a "bad faith intent" to profit from that trademark
License
An agreement permitting the use of a trademark, copyright, patent or trade secret for certain limited purposes. Grants license only the rights expressly describes in the license agreement
Patent
A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his/her invention for a limited period of time. Inventions-20 years designs-14 years. Both are renewable
Federal patent Law
"whoever invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvements thereof, may obtain a patent there of, subject to the condition and requirements of this title. Laws and nature, natural phenomena and abstract ideas are not patentable"
Patent Infringement
The use or sale of another's patented design, product, or process without the owners permission- patent infringement is a tort
Remedies for Patent Infringement
Remedies: Injunction; damages for royalties and lost profits, Sometimes attorneys' fees, Willful infringement could result in treble damages
Copyright
Exclusive right of an author or originator of a literary or artistic production to public, print or sell that production for a statutory period of time intangible property right granted by
Federal Statue
Copyright act of 1976 vs. Copyright office in Washington D.C. - Work must be fixed n a durable medium from which it can be perceived, reproduced or communicated protection is automatic, registration is not required
Copyright Infringment
The copying of a form or expression, reproduction does not have to e exactly the same as the original, nor reproduce the original in its entirety, only needs to reproduce substantially
Computer Software Copyright act of 1980
Includes computer program in list of creative works protected by federal copyright law.
Digital millennium copyright act of 1998
established civil and criminal penalties for anyone who circumvents encryption software or other technological antipiracy protection
Trade Secret
Information or process that gives a business an advantage over competitors that do not know the information of process. Extends to ideas and their expressions
• International protection for intellectual property
Paris convention of 1883
The berne convention of 1886
The TRIPS agreement of 1994
The Madrid Protocol
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