Blaw Ch. 14: Intellectual Property Rights (Exam 3)
What does a trademark license do?
A license grants only the rights expressly described in the license agreement. - The party that owns the intellectual property rights and issues the license is the licensor, and the party obtaining the license is the licensee. - A licensor might, for example, allow the licensee to use the trademark as part of its company or domain name, but not otherwise use the mark on any products or services.
Trade mark trade names
A term that is used to indicate part or all of a business's name (whether it's a sole proprietorship, a partnership, or a corporation.) and that is directly related to the business's reputation and goodwill. --Trade names are protected under the common law (and under trademark law, if the name is the same as the firm's trademark).
What is patentable?
Almost anything is patent-able, except the laws of nature, natural phenomena, and abstract ideas (including algorithms) - To be patent-able, the applicant must prove that the invention, discovery, process, or design is novel, useful, and not obvious.
What is the "fair use" doctrine?
An exception to liability for copyright infringement is made under the "fair use" doctrine. In certain circumstances, a person or organization can reproduce copyrighted material without paying royalties. - Purposes include, criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. - Any of these are not an infringement of copyright
What are copyrights used for?
Copyright: an intangible property right granted by federal statue to the author or originator of a literacy or artistic production of a specified type. - Generally, copyright owners are protected against: 1. Reproduction of the work 2. Development of derivative works 3. Distribution of the work 4. Public display of the work
Trade mark licensing
in this context is an agreement, or contract, permitting the use of a trademark, copyright, patent, or trade secret for certain purposes.
Trade mark patents
is a grant from the government that gives an inventor the exclusive right to make, use, or sell his or her invention for a period of twenty years. Patents for designs, as opposed to those for inventions, are given for a fourteen-year period.
Trademark Certification Marks
is used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services. Certification marks include "Good Housekeeping Seal of Approval" and "UL Tested."
What is considered a trade secret?
Information of commercial value, such as customer lists, plans, and research and development. Trade secrets may also include pricing information, marketing methods, production techniques, and generally anything that makes an individual company unique and that would have value to a competitor. - Trade secrets extends both to ideas and to their expression (unlike copyright and trademark protection)
Broad definition of intellectual property rights?
Intellectual property is any property that results from intellectual, creative processes—that is to say, the products of an individual's mind. *Patents, trademarks, and copyrights are examples of intellectual property.
Trademark service marks
Service mark is essentially a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another. For example, each airline has a particular mark or symbol associated with its name.
Trade mark trade dress
The image and overall appearance of a product—for example, the distinctive decor, menu, layout, and style of service of a particular restaurant. Basically, trade dress is subject to the same protection as trademarks.
Trademark Dilution
Under the TDRA, to state a claim for trademark dilution, a plaintiff must prove the following: 1. The plaintiff owns a famous mark that is distinctive. 2. The defendant has begun using a mark in commerce that allegedly is diluting the famous mark. 3. The similarity between the defendant's mark and the famous 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.
Trademark Infringement def. and how to succeed in case
Whenever that trademark is copied to a substantial degree or used in its entirety by another, intentionally or unintentionally, the trademark has been infringed (used without authorization). ** To succeed in a trademark infringement action, the owner must show that the defendant's use of the mark created a likelihood of confusion about the origin of the defendant's goods or services. (Owner doesn't need to prove that the infringer acted intentionally.)
When does copyright infringement occur?
Whenever the form or expression of an idea is copied. - The reproduction does not have to be exactly the same as the original, nor does it have to reproduce the original in its entirety.
Protected Expression (not on review)
Works that are copyright-able such as: 1. Literacy works 2. Musical works and accompanying words 3. Dramatic works and accompanying music 4. Pantomimes and choreographic works 5. Pictorial, graphic, and sculptural works 6. Motion pictures and other audiovisual works 7. Sound recordings 8. Architectural works
How long is work protected under federal copyright law?
Life of author, plus 70 years. - For copyrights owned by publishes houses, the copyright expires 95 years from the date of publication or 120 years from the date of creation, whichever comes first. - For works by more than one author, the copyright expires 70 years after the death of the last surviving author.
