Term
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Definition
| Distinctive mark that manufacturer puts on its goods to enable consumers to identify product's source in market |
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Term
| Trademarks and Related Property |
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Definition
| Trademark seeks to avoid consumer confusion as to source of product |
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Term
| Statutory Protection of Trademarks |
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Definition
| Trademark law seeks to protect manufacturers from losing business to rivals that use confusingly similar marks. Law creates incentive for investment, prevents unjust enrichment by infringer |
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Term
| Statutory Protection of Trademarks |
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Definition
| Federal law protects distinctive trademarks from unathorized use. Similar marks may dilute a distinctive mark, especially on related goods or in same market |
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Term
| Process of Trademark Registration |
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Definition
Person files application with PTO.
PTO registers trademark
Registration allows use of "®" symbol
Registration gives nationwide notice
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Term
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Definition
| Infringement is unathorized use of registered trademark |
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Term
| Trademark Infringement--Remedies for Infringement |
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Definition
| Injunction to stop infringement, monetary damages, destruction of infringing goods, attorney fees |
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Term
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Definition
| Trademark must be distinctive so consumers can identify source and distinguish from competing products. Descriptive or geographical terms cannot be trademarked, unless they acquire a secondary meaning associated in consumers' minds with manufacturer |
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Term
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Definition
| Generic terms ("computer") cannot be trademarked, even when they acquire a secondary meaning--problem arises when name of trademarked good become generic word (kleenex, xerox) |
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Term
| Service, Certification, and Collective Marks |
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Definition
Service mark is used to distinguish source of services
Certification mark is used to certify region, materials or quality of specific goods or services |
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Term
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Definition
| Image or overall appearance of product or service. Receives same protection as trademark--same issue about likelihood of confusion |
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Term
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Definition
| Counterfeit goods with fake trademarks may present serious risk to public health (pharmaceuticals). Federal statute criminalizes intentional transportation or knowing use of counterfeit label, good or service |
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Term
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Definition
| Name company uses for doing business. Sometimes company has same name as product (Coca-Cola) |
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Term
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Definition
| Cybersquatting means registering domain name same as, or similar to, another's trademark with intent to profit by selling domain name to trademark owner. Federal law prohibits cybersquatting with "bad faith intent" |
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Term
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Definition
| Typo-squatting means registering domain name similar to or same as mis-spelled version of trademark. |
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Term
| Cyber Marks--Licensing Agreement |
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Definition
| Contract whereby owner (licensor) grants authority to another (licensee) to use intellectual property according to certain restrictions |
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Term
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Definition
| Grant from government that gives inventor the right to exclude others from use of invention for certain period of time |
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Term
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Definition
| To be patentable, invention must be: novel, useful, not obvious in light of current technology. Computer software is patentable. A business process is patentable only if invention is tied to particular machine or transforms object. PTO application requires inventor to disclose design in public records (disadvantage of patent process). Current U.S. law is 1st-to-file system (used to be 1st-to-invent) |
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Term
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Definition
| Unauthorized use of, or something "substantially similar" to, another's patented product--does not apply when made and sold outside U.S. |
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Term
| Patent Infringement Remedies |
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Definition
| Injuction, monetary damages for lost licensing fees, profits, attorney fees--court has discretion to consider public interest re permanent v. temorary injunction |
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Term
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Definition
| Grant from government that gives creator of artistic work right to exclude others from use of work for period of time--life of author +70 year; different for publishing company |
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Term
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Definition
Automatic upon creation, does not need to be registered. Works can be registered at Copyright Office. Not required to put symbol © on it
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Term
| Copyrights: What is Protected Expression? |
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Definition
| To be copyrightable, work must be original and in tangible form |
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Term
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Definition
| Only the expression of idea can be copyrighted, not the idea itself. Anyone can use ideas in copyrighted work without permission. A work is in the public domain if it is no longer under copyright protection or if it failed to qualify for copyright protection (may be used without permission) |
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Term
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Definition
| Copying "substantial" part of copyrighted work without authorization ("piracy"). It is fair use, not infringement, to copy material for education, research, or news purposes, without authorization. Court considers effect on market, whether use was commercial |
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Term
| Copyright Protection for Software |
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Definition
| Federal statute says computer software programs can be copyrighted |
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Term
| Copyrights in Digital Information |
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Definition
| Infringement of digital information occurs when copyrighted work is copied or downloaded without permission, even if no commercial gain--music or movies |
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Term
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Definition
| Federal law protects Internet Service Providers from liability for infringement by customer, unless ISP knew of infringement and failed to prevent it. Sharing stored music filed may be copyright infringement |
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Term
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Definition
| Information of commercial value--trade secret law protects idea as well as expression of idea (information need not be tangible) |
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Term
| Examples of Trade Secrets |
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Definition
| Can be customer lists, plans, research, recipe, maybe computer software--such info cannot or should not be patented, copyrighted or trademarked |
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Term
| Misappropriation of a Trade Secret |
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Definition
| Is tort and craime under state and federal law--companies often require employees to agree to keep trade secrests even after employment relationship ends |
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Term
| International Protection for Intellectual Property |
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Definition
| WTO member nations agreed to pass domestic laws to protect I.P.; 170 nations agreed to recognize U.S. author's copyright. 100 nations allow application in one country to protect trademark in all nations |
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