Module 5: Intellectual Property
examples of trade names with secondary meaning:
-Band Aid -Kleenex -Xerox -Coca Cola
possible remedies for patent infringement:
-injunctive relief -get profits from infringer -sue for damages -destruction of infringing articles -attorney's fees (in special cases)
possible remedies for trade symbol infringement:
-injunctive relief -get profits from infringer -sue for damages -destruction of infringing articles -attorney's fees (in special cases)
types of trade symbols:
-trademarks -trade dress -service mark -certification mark -collective mark
5 main types of IP:
1. trade secrets 2. business entity names 3. trademarks/trade names 4. copyrights 5. patents
how long is a design patent protected for?
14 years from grant
how long is a utility/plant patent protected for?
20 years from application
trade secret:
a business formula with no physical or tangible qualities
trade symbols:
a form of identification used to identify and distinguish goods or services
what is protected under a patent?
an invention
trade names:
any name used to identify a business, vocation, or occupation
how long is a copyright protected for?
author's life + 70 years
injunctive relief:
basically a court order for the infringer to stop using your protected mark
what types of IP are protected by the state?
business entity names
what is protected under a trade secret?
business information
what is protected under a trade symbol?
business marks
Lanham Act:
federal law for the registration of trade symbols/names
patent:
license/document that protects the right to a specific device, system, design, etc.
what does it mean if a trade name acquires secondary meaning?
means that their brand name is now used to describe a generic group of products
requirements for trade secret protection:
must be a valuable secret
requirements for trade symbol protection:
must be distinctive
requirements for patent protection:
must be novel, useful, and non obvious
requirements for copyright protection:
must be original and fixed
do you have to register a copyright?
no, but it must be registered in order to protect it
do you have to register a trade name?
no, but you should because it comes with special benefits and remedies
do you have to register a trade symbol?
no, but you should because it comes with special benefits and remedies
should you do a copyright search before registering one?
no, don't have to
which types of IP are criminal matters? which ones are civil matters?
only trade secret protection is a criminal matter. everything else is a civil matter and the owner is responsible for going after any infringers
where would one register a trade symbol, patent, etc.?
the US Trademark and Patent Office (USTPO)
what rights are protected under a patent?
the right to make, use, or sell the invention
what rights are protected under a copyright?
the right to reproduce, sell, distribute, etc. the work
what rights are protected under a trade secret?
the right to use or sell
what rights are protected under a trade symbol?
the right to use or sell
what types of IP overlap both federal and state protection?
trade secrets
what types of IP are protected on the federal level?
trademarks, patents, and copyrights
how long is a trade symbol protected for?
until it is abandoned
how long is a trade secret protected for?
until it is disclosed
what are service marks used for?
used to identify businesses like law firms or accounting firms
what are collective marks used for?
used to identify trade associations (ex: the milk industry)
what is protected under a copyright?
work of authorship
can copyright ownership be transferred?
yes
should you do a patent search before registering one?
yes
should you do a trade name search before registering one?
yes
should you do a trademark search before registering one?
yes
