Module 5: Intellectual Property

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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


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