blaw 243 final || A+ GUARANTEED.
intellectual property correct answers any property resulting from intellectual, creative
process- the products of an individuals mind ex. apple sued rival samsung electronics
company in 2011. apple claimed that sumsungs galaxy line of mobile phones and tablets copy
the design of iphone.
trademark correct answers a distinctive word, symbol or design that identifies the
manufacturer as the source of particular goods and distinguishes its products from those made
or sold by others
COCA COLA CO V KOKE CO OF AMERICA
had a company directly try to capitalize the coke name
coke brought an action in a federal district court to precent other beverage companies from
using the words relating to coke.
decision-the coke name constituted infringement. the united states supreme court enjoined the
competing beverage companies from calling their product koke. but not from calling it dope.
reason-the coca cola name was misleading because it had cocaine in it. there was no reason
for the court to retrain the defendants from using dope because it had nothing to do with coke.
strong trademarks correct answers finciful, arbitrary, or suggestive trademarks are generally
considered to be the most distinctive trademarks
ex. 5.2 epsn sued quicksilver. claimed quicksliver had used an x on its clothing and espn used
the connection with x games. the court found that the two x's were confusing.
suggestive trademarks correct answers bring to mind something about a product without
describing the product directly, like dairy queen suggests that it sells dairy products
ex 5.3 frosty treats sells frozen deserts out of an ice cream truck. twisted metal, a video game,
depicted a a clown character similar to frosty treats. the court ruled that frosty treats is a
descriptive term that is not protected by trademark unless it acquired a second meaning. the
court favored in the video game.
secondary meaning correct answers geographic terms and personal names which do not
receive protection under the law until they require secondary meaning
ex 5.3 frosty treats sells frozen deserts out of an ice cream truck. twisted metal, a video game,
depicted a a clown character similar to frosty treats. the court ruled that frosty treats is a
descriptive term that is not protected by trademark unless it acquired a second meaning. the
court favored in the video game.
generic terms correct answers terms that refer to an entire class, such as bicycle or computer
service mark correct answers a trademark that is used to distinguish the services rather than
the product of one person or company from those of another, like television or character
names in tv or radio
, certification mark correct answers a mark used by one or more persons, other than the owner,
to certify the region, materials, made of manufacture, quality, or other characteristics of
specific goods or services.
collective mark correct answers a mark used by members of a cooperative, association, union,
or other organization to certify the region, materials, made of manufacture, quality, or other
characteristic of specific goods or services.
ex.5.4 appears at the end of movie credits to indicate the various associations.
trade dress correct answers the image and overall appearance of a product that is protected by
trademark law.
ex. 5.5 decor, menu and style of a resturant can also include layout and appearance of a mail
order catalogue, under same protection as tradmarks
counterfeit goods correct answers copy or otherwise imitate trademarked goods but are no
genuine.
5.6 u.s agnets shut down 150 domain names on the monday after thanksgiving. this prevents
some people from selling counterfeit goods.
stop counterfeiting in manufactured goods act correct answers 2006, congress enacted to
combat counterfeit goods. made it a crime to intentionally traffic in, or attempt to traffic in
goods or services that were counterfeit.
trade names correct answers a name a business uses to identify itself as a brand. directly
related to a business's reputation and goodwill protected by the trademark law. business
name. protected under common law not federal law.
license correct answers an agreement by the owner of intellectual property to permit another
to use a trademark, copyright, patent, or trade secret for a certain limited purpose.
ex. 5.8 george resturation and others owned the budda bar paris. one of the owners allowed
little res twelve inc to use the bar trademark and its associated concept in new york under
budda bar nyc. when a dispute arose the owners of paris withdrew their permission for nyc to
use their mark but nyx contunued to use it.
cyber mark correct answers trademark in cyberspace
domain name correct answers part of an internet address, such as "cengage.com". the part to
the right of the period is the top level domain and indicates the type of entity that operates the
site, and the part to the left of the period, called the second level domain, is chosen by the
entity.
cybersquatting correct answers the act of registering a domain name that is the same as, or
confusingly similar to, the trademark of another and then offering to sell that domain name
back to the trademark owner
intellectual property correct answers any property resulting from intellectual, creative
process- the products of an individuals mind ex. apple sued rival samsung electronics
company in 2011. apple claimed that sumsungs galaxy line of mobile phones and tablets copy
the design of iphone.
trademark correct answers a distinctive word, symbol or design that identifies the
manufacturer as the source of particular goods and distinguishes its products from those made
or sold by others
COCA COLA CO V KOKE CO OF AMERICA
had a company directly try to capitalize the coke name
coke brought an action in a federal district court to precent other beverage companies from
using the words relating to coke.
decision-the coke name constituted infringement. the united states supreme court enjoined the
competing beverage companies from calling their product koke. but not from calling it dope.
reason-the coca cola name was misleading because it had cocaine in it. there was no reason
for the court to retrain the defendants from using dope because it had nothing to do with coke.
strong trademarks correct answers finciful, arbitrary, or suggestive trademarks are generally
considered to be the most distinctive trademarks
ex. 5.2 epsn sued quicksilver. claimed quicksliver had used an x on its clothing and espn used
the connection with x games. the court found that the two x's were confusing.
suggestive trademarks correct answers bring to mind something about a product without
describing the product directly, like dairy queen suggests that it sells dairy products
ex 5.3 frosty treats sells frozen deserts out of an ice cream truck. twisted metal, a video game,
depicted a a clown character similar to frosty treats. the court ruled that frosty treats is a
descriptive term that is not protected by trademark unless it acquired a second meaning. the
court favored in the video game.
secondary meaning correct answers geographic terms and personal names which do not
receive protection under the law until they require secondary meaning
ex 5.3 frosty treats sells frozen deserts out of an ice cream truck. twisted metal, a video game,
depicted a a clown character similar to frosty treats. the court ruled that frosty treats is a
descriptive term that is not protected by trademark unless it acquired a second meaning. the
court favored in the video game.
generic terms correct answers terms that refer to an entire class, such as bicycle or computer
service mark correct answers a trademark that is used to distinguish the services rather than
the product of one person or company from those of another, like television or character
names in tv or radio
, certification mark correct answers a mark used by one or more persons, other than the owner,
to certify the region, materials, made of manufacture, quality, or other characteristics of
specific goods or services.
collective mark correct answers a mark used by members of a cooperative, association, union,
or other organization to certify the region, materials, made of manufacture, quality, or other
characteristic of specific goods or services.
ex.5.4 appears at the end of movie credits to indicate the various associations.
trade dress correct answers the image and overall appearance of a product that is protected by
trademark law.
ex. 5.5 decor, menu and style of a resturant can also include layout and appearance of a mail
order catalogue, under same protection as tradmarks
counterfeit goods correct answers copy or otherwise imitate trademarked goods but are no
genuine.
5.6 u.s agnets shut down 150 domain names on the monday after thanksgiving. this prevents
some people from selling counterfeit goods.
stop counterfeiting in manufactured goods act correct answers 2006, congress enacted to
combat counterfeit goods. made it a crime to intentionally traffic in, or attempt to traffic in
goods or services that were counterfeit.
trade names correct answers a name a business uses to identify itself as a brand. directly
related to a business's reputation and goodwill protected by the trademark law. business
name. protected under common law not federal law.
license correct answers an agreement by the owner of intellectual property to permit another
to use a trademark, copyright, patent, or trade secret for a certain limited purpose.
ex. 5.8 george resturation and others owned the budda bar paris. one of the owners allowed
little res twelve inc to use the bar trademark and its associated concept in new york under
budda bar nyc. when a dispute arose the owners of paris withdrew their permission for nyc to
use their mark but nyx contunued to use it.
cyber mark correct answers trademark in cyberspace
domain name correct answers part of an internet address, such as "cengage.com". the part to
the right of the period is the top level domain and indicates the type of entity that operates the
site, and the part to the left of the period, called the second level domain, is chosen by the
entity.
cybersquatting correct answers the act of registering a domain name that is the same as, or
confusingly similar to, the trademark of another and then offering to sell that domain name
back to the trademark owner
