BLAW 201 Chapter 9 Intellectual Property

When does a trademark become generic?

• When the owner stops using it

• When it is used by the general public to refer to the product

• When it is registered in multiple countries

• When it is used in advertising

What are the factors to prove infringement?

• Prove the trademark is old

• Prove the trademark is expensive

• Prove validity and confusion caused by defendant's use

• Prove the trademark is popular

What type of mark CANNOT be protected?

• Descriptive Mark

• Suggestive Mark

• Arbitrary Mark

• Generic Mark

What do Exclusive Rights of Patents allow?

• Allow the inventor to prevent others from making, using, or selling the invention.

• Allow the inventor to share the invention freely.

• Allow the inventor to sell the invention without restrictions.

• Allow the inventor to use the invention for personal purposes only.

What are the three non-Patentable Categories?

• Laws of nature, Natural phenomena, Abstract ideas

• Inventions, Designs, Trademarks

• Software, Hardware, Algorithms

• Books, Music, Art

What is a patent?

• A grant from the federal government that protects new inventions or discoveries

• A type of trademark for logos and brand names

• A copyright for written works

• A license for using a specific technology

A registered trademark is denoted by what symbol?

• The R

• The C

• The TM

• The SM

What does the Lanham Act do?

• Prevents consumer confusion, protect trademark owners' rights, and promote fair competition

• Regulates international trade agreements

• Establishes patent laws

• Defines copyright durations

Dilution is proved by what two things?

• Trademark holder must prove value/reputation of mark and defendants use of mark diminishes impact of distinctions between products

• Trademark holder must show financial loss and consumer confusion

• Trademark holder must demonstrate market share and brand loyalty

• Trademark holder must provide evidence of advertising and sales

What are the requirements for a work to be copyrightable?

• Work must be original and some degree of creativity.

• Work must be an idea.

• Work must be unpublished.

• Work must be a physical object.