BCOR 3000 1st Edition Lecture 27 Outline of Last Lecture I Corporate Criminal Liability II Crimes of Thef III Arson IV Other Crimes V White Collar Crimes VI RICO VII Defenses VIII Procedure Steps IX Outcomes X Attorney Client Privilege XI 6th Amendment Outline of Current Lecture I Patents Copyrights Trademarks II Priority and Registration III Trademarks IV Trademark Issues V Generic Use of Trademark VI Patents These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute VII Pros and Cons of Patents VIII Legal Significance of a Patent IX Copyrights X Fair Use Doctrine XI Digital Copyrights Issues XII Misappropriation Stealing of Trade Secrets XIII International Protection Current Lecture Chapter 5 Intellectual Property Patents Copyrights and Trademarks Protection primarily created by federal statute Trademarks can also be recognized at the state level Trademark if you are buying something you need to know what you are getting Rules differ greatly for each Priority and Registration Trademark priority goes to first to use in commerce Can protect mark prior to use by registering Must use w in 6 months Can extend non use period up to 30 months to 3 year total Protects going forward Flatirons Plumbing file to protect name register Trademarks Test is likelihood of confusion If there is already a name out there with Flatirons in it make sure there is no confusion and that it is clear that your name of business is different from the other 10 year period renewable Confusion possibility depends on all facts and circumstances Includes market and geography Elle s Brown Ale Elle was creating confusion Lexis and Lexus Lexis Law and Online this was a law online service Lexus Toyota Car Lexis sued Lexus for confusion Went to court Toyota won b c they proved that no one was going to confuse an online database with a car dealer Ky Kernel Seasoned Flour Kentucky Kernel Flour used to fry food Kentucky Fried Chicken sends seize and assist to Kentucky Kernel because of likelihood of confusion KFC came around after so they would have to actually seize and assist KFC retracts the letter b c they didn t want to lawsuit they agreed that there was a difference between the two products and KFC and Ky Kernel signed an agreement that they two names are different along with KFC s giving of 1 000 000 Trademark Issues Trademark dilution Protection even if cannot show likelihood of confusion Since 1995 Characters like Mickey Mouse Hannah Montana Miney Mouse Ex Bugs Bunny Motel got a cease and assist letter from and it is now the Big Bunny Motel Strong Marks Distinctive words greater protection Words ddo not have any other meaning in the language Ex Toyota vs Camry Toyota has more protection over Camry b c Toyota is bigger Ex Xerox Kodak Exxon Secondary meaning Windows B c it is a big computer software company it can be trademarked Domain names cybersquatting Generic Use of Trademark If trademark term becomes generic protection is lost Rollerblade Rollerblading Windsurfer Google Google it Walkman Discman Kleenex Can I have a Kleenex now has become a noun rather that a brand name Can still use name but cannot prevent others from doing so Patents 3 general requirements Useful easy to prove Almost everything is useful Except things designed to circumvent the law or perpetrate fraud Ex Someone tried to patent a product would mask you blood alcohol level not useful It is not illegal to sell the product but you cannot get a patent for the product Novel new different Suitcase with wheels both things have been around but the two together is a new product Nonobvious hard to prove Marketability not required you don t have to prove that you can sell the product EX hydrogen car technology don t know if we can actually sell but can have a patent on it 20 year protection from filing US Was first to invent now first to file like most others First to File Rule Whoever files first gets the patent very easy Sometimes it ends up that the first to invent it may not get protection Also those who file may be first but will not actually invent something successful Pros and Cons of Acquiring a Patent Pro Legal protection Con Disclosure have to give all information and allows competitors to have an advantage of where a company may stand in its investigation or information on a product service Limited protection time 20 years Costs to acquire defend expensive b c of patent lawyers to stop patent infringement Patents what does it mean when you have a patent on something You can sell invention You can license invention license someone else to sell and collect royalties You can sell the patent You can will the patent put in will You can sue others for infringing Patent litigation has expanded greatly in recent past What is the legal significance of a patent Patent gives you the right to defend it Government won t do that for you Patent is the legal opinion of the PTO that your patent is valid But the PTO might be wrong thus patent might have been improperly issued How is validity of a patent challenged By a plaintiff seeking to invalidate it By a defendant in a patent infringement case brought by the owner of the patent Defendant says I did not infringe because patent itself is invalid If improperly issue someone else can detest the patent Ex Samsonite wants to invest in luggage could file lawsuit against patent Lawsuit to invalidate the patent that it was issue in error Instead they will do some research on the patent and start making luggage with wheels if they believe the patent is not valid Business Process Patents Only recently patentable At first process had to involve technology Technology req was taken away This now includes tax strategies Very controversial 10 30 2008 court decision seems to have put back technology req 6 28 2010 Bilski seems to say they re possible but must meet novelty requirement Copy rights Test is originality you did it you made it If you take a picture of the Flatirons you can copy right it So can anyone else who takes the picture of the flatirons can copyright it is as well If you take a picture of someone else s picture and try to sell it that is infringement on copyright Lasts life of creator 70 years Corp shorter of 95 years from published or 120 from creation Protection is automatic Notice Congress has power to give copyrights for limited periods What is limited Limited means a little bit But it also mean there is