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25 Cards in this Set

  • Front
  • Back
Whatis a trademark?
word, phrase, symbol, or design (combination of above) that identifies and distinguishes the source of the goods of one party from those of others.
What is a service mark?
same as trademark, except that it identifies and distinguishes the source of a service rather than product
What is a trade dress?
refers to the product's look and feel
How many years is a trademark good for a company? Person?
95 years, 70 years after death
What is intent-to-use?
can file for a mark up to 3 yrs. in advance of starting your business
What are the 3 sources of trademark law?
1. International Treaties
2.Federal Laws
3. Common Laws
4. state laws
What is classified as mark infringement?
the mark has created likelihood of confusion about the origin of defendent's goods or services
What are some examples of fanciful or coined marks?
Exxon and Kodak
What are some examples of arbitrary marks?
apple, mars
What are some examples of suggestive marks?
greyhound, sunkist
Give an example of secondary meaning?
Xerox used as a term for copying rather than machine.
What are generic marks?
protected but will lose protection because name is too general, i.e. monopoly
What does dilution mean?
refers to the blurring of a mark by which the connection of the consumers's minds which in turn weakens plaintiff's product
What does tarnishment mean?
the defendent's use is unsavory or wohlesome or that the mark is used in connection with inferior products
Can you trademark a sound?
Yes. NBC
How do you keep your trademark from becoming generic?
do not use verb or generic noun
What does copyright mean?
literally means "right to copy"
When does a copyright exist?
The moment a work becomes tangible.
What does RP3D stand for?
How long does a copyright last?
company 95 years after it hits market
120 after creation whichever comes first
What does copyright protect?
Literary works
muscial works, accompanying words
dramatic works accompanying music
pantomimes and choreographic
pictorial, graphic, and scupltural works
motion pictures
sound recordings
What does DMCA stand for?
Digital Millennium Copyright Act
what is a 'poor man's copyright'?
mailing yourself a copy of your own work
can a copyright be transferred and owned seperately?
what is work for hire
work made while working for an employer or work so designated in the contract