Busi Law Ch 8

Under the Trademark Dilution Revision Act, to state a claim for trademark dilution, a plaintiff must prove that:

1. The plaintiff owns a famous mark that is distinct. 2. The defendant has begun using a mark in commence that allegedly is diluting the famous mark. 3. The similarity between the defendant's mark gives rise to an association between the marks. 4. The association is likely to impair the distinctiveness of the famous mark or harm its reputation.

Trips Agreement

Agreement established standards for international protection of patents, trademarks, and copyrights.

Uniform Trade Secrets Act

Most states laws with respect to protection of information of a commercial value are based on the:

True

T/F? A color scheme can qualify for trademark protection

False

T/F? Patent Infringement is a crime

True

T/F? Unless a trade name is used as a trademark or service mark, it cannot be registered with the federal government.

Lanham Act

The most important statutory protection for trademarks

Novel, useful, and not obvious

To be patentable, an invention, discovery, process, or design must be:

Trademark Infringement

When two companies make products with similar names that could be easily confused

The Madrid Protocol

allows a U.S. company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered.

Berne Convention

when a U.S. citizen writes a book, every signatory to that convention recognizes the U.S. author's copyright.