Intellectual property - Answers any property resulting from intellectual and creative purpose (books,
computer files, mobile apps, movies, music)
Trademark - 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.
Lanham Act of 1946 - Answers federal statute enacted in part to protect companies from losing
business to rival companies that use confusingly similar trademarks
Federal Trademark Dilution Act (FTDA) - Answers amendment to lanham act of 1946 which allows
trademark owners to bring a lawsuit in federal court for trademark dilution
Dilution - Answers unauthorized use of a distinctive and famous mark (or a similar mark) in a way that
weakens the marks distinctiveness or harms its reputation.
Trademark Registration - Answers register the mark with the u.s. patent and trademark office
a mark can be registered if - Answers (1) it is currently in commerce
(2) the applicant intends to put the mark into commerce w.i. 6 months
renewal of trademark registration - Answers -renewable between fish and sixth years after initial
registration
-every 10 years thereafter
infringement - Answers when someone else uses the registered trademark in its entirety or copies it
to a substantial degree, intentionally or unintentionally without authorization.
successful claim for trademark infringement - Answers plaintiff must show defendants use of the
mark created a likelihood of confusion about the origin of the defendants goods or services
injunction - Answers court order that restrains a person from committing an act which infringes upon
the legal rights of another person
fanciful trademarks - Answers Involve invented words
Ex: Xerox, Kleenex, Google, Qdoba
Arbitrary trademarks - Answers involve common words not ordinarily associated with the product
Suggestive Trademarks - Answers bring to mind something about a product without describing the
product directly
Generic Terms - Answers Terms that refer to an entire class of products are not entitled to
protection, even if they acquire secondary meaning
Secondary Meaning (Trademarks) - Answers descriptive terms, geographic terms, personal names,
and color schemes are not initially distinctive and do not get registered until customers associate
them with specific terms made by a particular company.
service mark - Answers mark used to distinguish the services of one person or company from those of
another.
Certification Mark - Answers mark used by persons other than owner, to certify quality, materials,
mode of manufacture, or other characteristic of specific goods or services
Collective Mark - Answers A mark used by members of a group or organization to certify certain
characteristics of goods or service
trade dress - Answers image and overall appearance of a product that is protected by trademark law.
counterfeit goods - Answers goods that copy or otherwise imitate trademark goods but are not
genuine (knockoff)
trade name - Answers name that refers to all or part of a business name to identify itself and its
brand
license - Answers agreement by the owner of intellectual property to permit another party to use a
trademark, copyright, patent, trade secret, or other forms of intellectual property for certain limited
purpose
licensor - Answers party that owns the intellectual property rights and issues the license
licensee - Answers party that obtains the license from the licensor
patent - Answers a property right granted by federal government that give and inventor exclusive
right to make, use, and sell and invention in the u.s. for a limited time
America Invents Act (2011) - Answers First person to file an application for a patent on a product or
process will receive patent protection
NOT first person who obtains actual patent.