presented by: pamela c. gavin 4.19.2013. a trademark or service mark is any distinctive word, name,...
TRANSCRIPT
A trademark or service mark is any distinctive word, name, symbol or device, used by a person or entity to indicate a single source of goods or services, even if that source is unknown.
WHAT IS A TRADEMARK?
.
• “Use” of a “Mark” in “Interstate Commerce”• In Connection with Certain
Goods/Services– Common Law Rights – Federal Registration
How to Establish Rights in a Mark?
EXAMPLES OF TRADITIONAL MARKS
GAVIN LAW OFFICES ™
Burberry Plaid
Examples of Nontraditional Marks
• MGM Lion’s Roar
• The Color Pink
• “Sweet Georgia Brown”
• Scent of Plumeria
NOTICE OF RIGHTS
A trademark may be designated by the following symbols:
This is an example text. Go ahead and replace it
TM
®SM(R) (for a registered trademark or service mark
TM (for an unregistered trademark, i.e., one used on goods)
SM (for an registered service mark, i.e., one used with services)
.
Marks can become generic through failure to protect/police
• Aspirin - Still a Bayer trademark name in about 80 countries, but declared generic in the U.S.
• Cellophane - Still registered trademark in Europe. Originally a trademark of Dupont.
• Escalator - Originally a trademark of Otis Elevator Company.
• Heroin- Trademarked by Friedrich Bayer & Co in 1898.
WHY PROTECTION IS IMPORTANT
What is Infringement?
• Examples:• Arrow Air-O• Citibank City
Bank• Ho Ho’s Yo
Yo’s• Seiko
Seycos• Steinway Steinweg
• Use of a mark by a latecomer to the marketplace where such use is ‘confusingly similar’ to the protectable interest of a senior user.
• U.S. companies expanding abroad must protect marks internationally– Foreign national registrations– International treaties– Use of local counsel – Use of WIPO and local courts
International Protections
• Subject matter– Literary works– Musical works– Pantomines/choreography– Pictorial/graphic/sculptural– Audiovisual/sound recordings– Architectural works
COPYRIGHT PROTECTION
Creative authorship is
protected (with certain
exceptions)
NATURE OF COPYRIGHT PROTECTION
Ideas cannot be copyrighted
Idea
Creative Expression
• Work for Hire– Scope of Employment– Independent Contractor
• Joint Works• Public Domain• Written Agreement
– Assignment of Rights– License
Copyright Ownership -Who is the “author”?
• Not mandatory• Inexpensive• Registration may confer benefits
– Statutory damages– Attorneys’ fees
Copyright Registration
Confidential, valuable
informationUse NDA’s,
Policies, Agreements
Other Types of Intellectual Property
Covers inventions
-new-useful
-nonobvious
PatentsTrade Secrets
• Top level domains (e.g., .com, .biz, .net)• UDRP v. Court Actions• Not necessarily, but sometimes are the
same as “trademarks”
Domain Name Perils
• Written agreement that governs terms and conditions of third party use.– Who, where, when, cost, – How
License Agreement