Exam 2 chapter 14

Sambuck's Cofeehosue

held to dilute the Starbuck's mark, and thereby reduce its value

counterfeit goods

imitate trademarked goods and may carry a fake trademark or a confusingly similar mark

trade secrets

include secret processes, formulas, methods, procedures, and customer lists that give the owner an advantage over competitors

registration isn't required to sue for ____________, but it puts others on notice and provides proof of when the mark was first used

infringement

an injunction prohibiting the _________ from using a mark is the most commonly granted remedy and should prevent further infringement

infringer

remedies include ________ and/or ________

injunctions remedies

remedies for copyright infringement include

injunctions, civil damages, and criminal penalties

trade dress

the overall appearance of a product

_______ courts have exclusive jurisdiction over patent infringement lawsuit

federal

most works created after January 1, 1978 are protected

for the life of the author plus 70 years

generic terms receive no protection and trademarks that become _______ lose their protection

generic

a mark can be registered if it's currently used in commerce or the applicant intends to put it into commerce within ________

6 months

registration is necessary to bring an infringement lawsuit under the

Copyright act of 1976

the _________ prohibits unauthorized use of the same of confusingly similar marks on competing goods or services, on noncompeting but related goods or services, and on non-related and noncompeting goods where dilution of the original mark might result

Lanham Act

works can be registered with the _____________

U.S. Copyright Office

Lanham Trademark Act

a federal statute that incorporates the common law of trademarks and provides remedies for trademark infringement in lawsuits brought under this Act in federal courts

patents

a grant of rights from the U.S. Patent and Trademark office that gives the holder the right to patented invention for 20 years from the date of the application in exchange for public disclosure of the invention in the application

trade name

all or part of a business name

USPTO application

are subject to a rigorous approval process

Article I Sec. 8 of the U.S. Constitution

authorizes Congress "To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

The Coca Cola Company v. The Koke Co. of America

based on common law, the court enjoined a Coca Cola competitor was from calling their soft drink product "Koke" after rejecting the defendant's false advertising claim

the original mark's distinctive quality may become _________ or _________ by the use of the similar mark even on noncompeting/ nonrelated goods

blurred tarnished

trademark owner has a ____________ against an infringer

cause of action

fair use exception

certain uses of portions of copyrighted materials are legally permitted without the payment of royalty

marks were protected under ________ even before statutory protections existed

common law

trade name may be protected from infringement under ________

common law

a person who owns and uses a trademark or service is protected in its use by __________ and ________

common law statutes

trades secrets are protected by

common law and state and federal statutes

intellectual property rights are protected by both

common law and statutes

protection is of unlimited duration as long as the owner protects the __________ of the trade secret

confidentiality

first sale doctrine provides that owners of copyrighted materials can sell those items without __________________

copyright holder's consent

registration isn't required for protection

copyrights are valid even if they're not registered

taking, using, or disclosing another's trade screts without consent is actionable and may result in damages and/or _______ penalities

criminal

marks must be _______ in order to be registered

disstinctive

arbitrary and fanciful marks are considered highly _________

distinctive

trademark

distinctive mark, motto or device or emblem affixed to goods so their source can be easily identified and they can be distinguished from goods produced by other manufacturers

infringement _______ have to be intentional

doesn't

copyrights are automatically granted to

eligible works as soon as they are created

owner must show an ____________ to the product source in the consumer's mind to get trademark protection for trade dress

exclusive link

the _________ of an idea can be copyrighted but not the idea itself

expression

copyright protection

is an intangible property right granted by the Copyright Act of 1976 to an originator or author of certain types of work

the first person to file a patent application for an invention

is entitled to the patent

licensing agreement

licensor grants licensee the right to use mark for a fee/ royalty payment to licensor

Stop Counterfeiting in Manufactured Goods Act

makes it a crime to intentionally traffic in counterfeit goods or to knowingly use a counterfeit mark on or in connection with goods or services

to protects their marks, licensors must closely monitor licensees' use of the _____

marks

a patent's effective life

may be much shorter than 20 years because it can take several years after the date of application for the application to be reviewed and a patent issued

Marks

may or may not include the name of the company providing the goods or services

federal registration grants _________ protection for the mark

nation-wide

trademark infringement

occurs when a trademark is copied to a substantial degree or used without consent

copyright infrignement

occurs when there is unauthorized copying of a protected work- or a substantial part of the work

the U.S. has been targeting online sellers of counterfeit goods by closing down ________________

offender's website names

compilations of facts are copyrightable provided they are presented in an ________ way

original

to be copyrightable, the work must be

original, creative and fixed in a durable medium and fall within one of these eight categories: choreographic work, pictoral, graphic and sculptures, motion pictures, sound recording, architectural plans, computer software

a copyright protects the owner from

others reproducing the work, developing derivative works, distributing the work, or publicly displaying work without the owner's consent

patent trolls

patent owner can exclude others from using the patent even if the owner doesn't use it

infringement includes

publicly performing music in public without a license from the copyright holder or collective rights organization

no __________ or filing requirements are required for trade secrets

registration

a registration can be ________

renewed

descriptive marks don't qualify as distinctive until they have acquired ___________

secondary meaning

types of trademarks

service marks trade dress trade names

trade dress includes characteristics of the product such as

shape, design, color scheme of packaging

the creator of a protected work has the _________ to reproduce the work and profit from its publication/sale

sole right

the owner of a mark (licensor) may grant others (licensees) the right to use the mark for ___________

specific purposes

legal protection of marks

the use of identical or similar marks by competitors may lead to consumer confusion about the source of the goods

Later statutes amended the Lanham Act to provide a cause of action for __________

trademark dilution

trade name may receive _______________ if it is also part of the company's trademarks or service marks

trademark protection

__________ can be protected from infringement indefinitely provided that they are still used, even if they aren't registered

trademarks

service marks receive the same legal protection as __________

trademarks

types of intellectual property

trademarks patents copyrights trade secrets

trademark registration

trademarks and service marks can be registered with the USPTO or applicable state agencies

penalties

up to $2 million and imprisonment up to 10 years

service mark

used to distinguish services of one company from those of another company

to be patentable, an item must be

useful, novel, nonobvious

types of patents

utility design plant

public domain

when a copyright has expired and anyone can use it

trademark dilution

when a plaintiff owns a famous and distinctive mark and defendant is using a mark that causes an association between its mark and the plaintiff's famous mark, and that association is likely to impair the distinctiveness of the famous mark of harm its reputation