business law ch 8

IP protection methods: the copyright

Apply for registration; before infringement or within 3 months of publication: statutory damages; after infringement: actual damages and lost profits. Identify your copyright when using it © (although optional after Berne Convention, prevents infringement defense). Monitor for infringement

lanham act

May be able to obtain injunction or money damages; state or federal court (trademark)

copyright

a form of protection grounded in the U.S constitution and granted by law for original works for authorship fixed in a tangible medium of expression. covers both published and unpublished works

plant patent

any distinct or new variety of plant 20 years from filing date rarely used

protection method trademarks

apply for registration. renew every 5-10 yearsIdentify your trademark when using it: ®(registered) or ™ (if registration incomplete).

service mark

distinguishes the source of a service rather than goods

Intellectual property legal protections

include patents, copyrights, trademarks and trade secrets

trade secret

is a formula, practice, process, design, instrument, pattern or compilation of information which is not generally known or reasonably ascertainable. offers economic benefit to the holder. may last forever. efforts are made to maintain secrecy

trademark

is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.

patent

is an IP right granted by the government to an inventor. Excludes others from making, using, offering for sale, or selling the invention in the U.S. or importing into the U.S. for a limited time, in exchange for public disclosure.

utility patent

new and useful machine, process, article of manufacture or composition of matter (or improvement) 20 years from filing date public disclosure

design patent

new, original and ornamental design for an article of manufacture 14 years from issuance protects the way an article looks

Intellectual property

refers to "creations of the mind such as inventions, literary and artistic works, designs and symbols, names and images used in commerce. provides a competitive edge considered a mark of innovation

minitor for infringement

whether the defendant's use creates the likelihood of confusion & weakens value of the mark. (trademark)