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22 Cards in this Set

  • Front
  • Back

a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origin vouched for.

trademark

gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years and a design for fourteen years.

time frame for patent

is an intangible right granted by federal statute to the author or originator of certain literary or artistic productions.

copyright

These marks are generally protected without proof of secondary meaning.

Strong Marks

marks are considered the most distinctive trademarks.

Fanciful and Arbitrary Marks

bring to mind something about a product without describing the product directly.

Suggestive Trademarks

Distinguishes the services of one person or company from those of another (such as the mark of each airline that distinguishes it from other airlines).

service mark

Applied to goods or services by someone other than the owner to certify the region, materials, mode of manufacture, quality, or accuracy of those products (such as the “Good Housekeeping Seal of Approval”).

certification mark

used by members of a cooperative, association, or other organization (such as the union seals in movie credits).

collective mark

Trade secrets include..

. Customer lists


.plans


.research and development


.pricing information


.marketing techniques


.production techniques





The “Fair Use” Exception

The reproduction of copyrighted material is permitted without payment of royalties under

courts considers what 4 things to be fair use

• The purpose of the use.


• The nature of the copyrighted work.


• How much of the original is copied.


• The effect of the use on the market for the copyrighted work.

how to prove trademark dilution

The plaintiff owns a famous mark that is distinctive.


The defendant is using a mark in commerce that allegedly is diluting the famous mark.


The marks’ similarity gives rise to an association between them.


The association is likely to impair the distinctiveness of the famous mark or to harm its reputation.

intends to put the mark into commerce within six months. Registration is renewable between the fifth and sixth years after the initial registration and every ten years thereafter (twenty years for marks registered before 1990).

time frame for trademark

Protection lasts for the life of the author plus 70 years. if owned by publishing houses expire 95 years from the date of publication or 120 years from the date of creation, whichever is first. For works by more than one author, expires 70 years after the death of the last surviving author.

time frame for copyright



what is patentable (4) p.i.d.d.

. invention


.discovery


.process


.design

-------gives an inventor the exclusive right to make, use, and sell an invention

a patent

• Literary works.


• Musical works.


• Dramatic works.


• Pantomimes and choreographic works.


• Pictorial, graphic, and sculptural works.


• Films and other audiovisual works.


• Sound recordings.• Architectural works.

protected expression for copyright

to be copyrighted, a work must be..

“fixed in a durable medium

compilation of facts are ________


A compilation is “a work formed by the collection and assembling of preexisting materials of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.”

copyrightable

helps avoid consumer confusion.

trademarks

Allows a single country can apply for simultaneous trademark protectionin all member countries.

madrid protocol