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27 Cards in this Set
- Front
- Back
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Basic Elements of Intellectual Property
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1. trademark
2. copyright 3. the right to publicity 4. patent |
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Trademark
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-any word, name, symbol or device that an organization uses to identify and distinguish itself
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Arbitrary/Fanciful Marks
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-trademarks that are inherently distinctive because they describe the source of a good and not the actual good itself.
-ex. NIKE |
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Suggestive Marks
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-trademarks that require some creativity to understand the product that they describe
ex. Hot Pockets |
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Descriptive Mark
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-trademark that describes characteristics or quality of a good
-ex. Screech Golf Ball |
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Secondary Meaning
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-meaning assigned to a trademark when it has received widespread use and public recognition
-ex. team colors |
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Generic Marks
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-marks that are so common they cannot receive federal trademark protection
-ex. JELL-O |
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Collective Mark
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-trademark used by the members of a cooperative, association, or other collective organization to indicate membership in that organization
-ex. MLB Logo means team is in MLB |
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Service Mark
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-mark used in the sale of advertising or services to identify and distinguish the services of one entity from the services of another
ex. NCAA represents events and services related to NCAA |
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Trademark Infringement
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-when a non-trademark owner engages in some unauthorized use of a trademark that is likely to cause consumers to be confused or deceived as to who really owns the trademark
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License
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-a right granted by an owner, known as a licencor, to a third party, the licensee, which permits them to associate his goods with the logos, names and mascots of the licencor
-contractual relationship |
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Fair Use or Parody
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-Lanham Act provides that where a trademark is used fairly and in good faith only to describe the goods involve, there is not infringement
-ex. Boston Marathon coverage, MLB and baseball card manufacturer |
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Dilution
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-is the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of either the presence or absence of competition between the parties or likelihood of confusion or deception
-two types: blurring and tarnishment -ex. NBA and record company making NBA logo with gun |
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Cybersquatting
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-illegal action by which someone registers a domain name that is confusingly similar to a registered trademark or dilutes a famous mark
-cybersquatter must intend to profit from this use of bad faith -ex. March Madness, Pittsburgh Penguins and porn |
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Copyright
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-a right granted by a statute to the author of creator of a literary or artistic production that provides the author with exclusive rights to reproduce, public, or sell the production
-ex. books, music, plays, choreographic, ect. |
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Copyright Infringement
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-unauthorized use of material in a way that violates of the owners' exclusive rights to the copyright.
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Fair Use (copyright)
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-use of copyright for purposes such as criticism, comment, news, reporting, teaching or research
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Baltimore Orioles vs. MLBPA
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-clubs were found to be valid owners of the copyright
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NFL's Blackout Rule
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-mid 1980's rule provided that games that were not solf out within 72 hours of a game were to be blacked out and not be broadcast within a 75 mile radius of the field
-NFL and St. Louis restaurant |
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NBA vs. Motorola
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-NBA sued Motorola for use of statistics distributed by pagers
-court determined that sports team do not own copyright in game stats because the outcome is uncertain |
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Morris Communications vs. PGA
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-Morris sued PGA for not allowing distribution of hole scores in real-time
-favored PGA |
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Right of Publicity
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-the right of any person to control the commercial use of his identity
-not produced under federal law, instead state statues ex. Muhammad Ali and Playgirl |
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Patent Law
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-document provided by the federal government that gives the owner of an invention the right to exclude others from reproducing the invention for 20 years
-only patentable if it is a "new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement therof" |
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Patent Infringement
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-action whereby someone other than the patent holder makes, and without permission, uses, sells, offers to sell patented material.
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Ambush Marketing
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-practice of creating advertising promotional campaigns that confuse customers and misrepresent that a company is a sponsor of an events.
ex. Unofficial Beer. 2002 Olympics Games (not ambush because no use of 'Olympic' |
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Secondary Meaning/Trade Dress
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-organization acquires secondary meaning through
1. length and manner of use of mark 2. volume of sales 3. amount and manner of advertising 4. nature of use 5. consumer survey evidence |
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Likelihood of Confusion
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-means the confusion is not just possible, but probable.
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