Chapter 9: Intellectual Property

Front

When does a trademark become generic?

Back

When the general public uses it in a manner other than referring to the product. Owner MUST take steps to protect it. i.e Thermos, aspirin, escalator, trampoline, dry ice, linoleum, nylon, cornflakes.

Front

What are the factors to prove infringement?

Back

Plaintiff must prove validity and confusion caused by defendant's use. Must prove who used it first, mark distinctiveness, and address context.

Front

What remedies are provided if infringement is found?

Back

Notify defendant, file a cease and desist, file injunction.

Front

What is dilution?

Back

The use of the mark for a different, lousier product (products do not have to be similar). Thus diluting the strength of the trademark.

Front

What type of mark CANNOT be protected?

Back

Generic Mark.

Front

What are the exclusive rights of the copyright holder?

Back

Make examples, derivatives, copies, display, perform, reproduce, and give to public.

Front

What factors dictate fair use?

Back

Purpose and character of use.
Nature of work.

Amount used.

Effect on value.

(Parodies and satire protected)

Front

What is a Copyright?

Back

Legal right that grants the creator of original work exclusive rights to its use and distribution. Protects the original works of authorship. (Intangible Personal Property)

Front

Exclusive Rights of Patents

Back

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

Front

To be able to patent something, what does it have to be?

Back

Novel, useful, genuine and not obvious to someone skilled in the field.