BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions And Answers Rated 100% Correct!!

Trademark: Secondary Meaning - ️️Descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law until they acquire a secondary meaning. Examples: London Fog, Johnny Football Example: Paris can't be protected, but Lancome Paris can be. Federal Trademark Dilution Act of 1995 - ️️Protects "distinctive" or "famous" trademarks and allows trademark owners to bring suit in federal court against unauthorized uses of an identical or similar mark. Essentially, a trademark is a... - ️️source indicator and must be distinctive. Trademarks have to be registered at... - ️️the federal level Lanham Act - ️️Protects integrity trademarks at the federal statutory level. In 2006, Congress further amended the law by passage of the Trademark Dilution Revision Act (TDRA). Under the TDRA, a plaintiff must prove the following: - ️️1) The plaintiff owns a famous mark that is distinctive 2) The defendant has begun using a mark in commerce that allegedly is diluting the famous mark 3) The similarity between the defendant's mark and the famous mark gives rise to an association between the marks 4) The association is likely to impair the distinctiveness of the famous mark or harm its reputation. Starbucks Corp. v. Lundberg, 2005 WL 3183858 (D. Or. 2005) - ️️Coffee shop owner in Oregon operated a business called "Sambuck's Coffeehouse." Starbucks Corporation filed a lawsuit against the owner of Sambuck's alleging trademark dilution. The Federal District Court for the District of Oregon held in favor of Starbuck's because it created confusion for consumers. Trademarks are not only protected by the actual mark, but also... - ️️anything similar to the trademarkExample: If Sambuck's Coffeehouse wasn't a coffeehouse like Starbucks, it would probably be fine. To be protected under federal trademark law, - ️️a trademark must be registered with the United States Patent and Trademark Office. The trademark can be registered 1) if it is currently in commerce or 2) if the applicant intends to put it into commerce within six months. What is Kermit the Frog protected by? - ️️Both trademark and copyright law -He is a unique character Trademark - ️️Distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. Fanciful, Arbitrary, and Suggestive Trademarks - ️️Are inherently distinctive. Examples: Invented words, such as "Kodak" for photographic products and "Xerox" for a manufacturer's copies. Trademark: Generic Terms - ️️Generally do not receive trademark protection. Examples: Aspirin, Thermos, Escalator, Corn Flakes Are colors trademarked? - ️️Yes. But most of the time its combination of colors because it constitutes trade dress. In the case of Deere & Co, Inc. v. Farmland, Inc., in 1982 the United States District Court for the Southern District of Iowa held that the use of green on a tractor by a competitor of John Deere did not constitute trademark infringement. Trademark: Service Marks - ️️Trademark that is used to distinguish the services (rather than the products) of one person or company from those of another. Trademark: Certification Marks - ️️Used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristics of specific goods or services. Example: "Good Housekeeping Seal of Approval", "Certified Organic" Trademark: Collective Mark - ️️Mark used by members of a cooperative, association, or other organization. Example: Union logosTrade Dress - ️️Protects image and overall appearance of a product. It can include either all or part of the total image or overall impression created by a product or its packaging. Trade dress is subject to the same protection as trademarks. Is trade dress subject to the same protection as trademarks? - ️️Yes