Bus Law Ch. 9

Patent

Grant from the government to an inventor for "the right to exclude others from making, using, offering for sale, ore selling" the invention for twenty years after the inventor files a patent application.

Arbitrary and Fanciful Marks

Most favored by the courts because they are inherently distinctive, like made-up names (ex: Reebok), or they are names not related to the product (ex: Apple).

Descriptive Marks

Not as favored by the law and must be shown to have acquired customer recognition to be allowed protection (ex: Holiday Inn).

Cybersquatting

Occurs when a trademark is used improperly in a domain name.

Copyrights

Rights of literary property as recognized by law.

Collective Mark

A trademark or service mark that is used in commerce by members of a cooperative, an association, or other collective group or organization.

Trade Secret

"Any formula, pattern, device, or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know how to use it." (ex: Coke's formula).

Fair Use

"For purposes such as criticism, comment, news reporting, teaching,...scholarship, or research."

Trademark

A commercial symbol- design, logo, phrase, distinctive mark, name, or word- that a manufacturer prints on its goods so they can be readily identified in the marketplace. Must be distinctive and nonfunctional to be registered. Four types: arbitrary and fanciful, suggestive, descriptive, generic.

Intangible Property

Another name for intellectual property. Called this because it may be invisible, impossible to hold, and harder to value than physical property.

Dilution

Another violation of trademark rights.

Certification Mark

Any word, symbol, device, or any combination of these that is used, or intended to be used, in commerce to certify regional or other geographic origin (ex: "Made in Montana").

Service Marks

Apply to services such as advertising, insurance, hotels, restaurants, and entertainment. (Ex: "Home of the Whopper" is a service mark for Burger King).

Trade Dress

Concerns the "look and feel" of products and or service establishments. This includes the size, shape, color, texture, graphics, and even certain sales techniques of products.

Counterfeiting

Copying or imitating of a mark without authority to do so.

Intellectual Property

Created by mental effort, not by physical labor. Four main types: trademarks, copyrights, patents, trade secrets.

Suggestive Marks

Hint at the product (ex: Chicken of the Sea), due legal protection but establishing that can be more difficult than if the mark is arbitrary and fanciful.

Moral Rights

Includes the right of the author to have proper attribution of authorship and to prevent unauthorized changes in or destruction of an artist's work.

Lanham Act

Made common-law protection of trademarks a part of federal law. Allows a person to register a symbol with the Patent and Trademark Office.

Utility Patents

The invention must have a use and be operative, not just be a theory.

Trade Name

The name of a company or business.

Secondary Meaning

The primary significance of a mark or trade dress is to identify the source of the product, rather than the product itself.

Economic Espionage

Theft of commercial trade secrets.

Goodwill

When firms have created value and gained the trust of many customers.

Generic Marks

Words that are common and do not refer to products from a specific producer (words that were possibly once trademarks, ex: thermos, nylon, zipper).

Infringement

Wrongful, unauthorized use of intellectual property in violation of the owner's rights (basis for a tort action).