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25 terms

B law exam 2

STUDY
PLAY
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