DOC PREVIEW
CU-Boulder BCOR 3000 - Intellectual Property

This preview shows page 1-2 out of 6 pages.

Save
View full document
View full document
Premium Document
Do you want full access? Go Premium and unlock all 6 pages.
Access to all documents
Download any document
Ad free experience
View full document
Premium Document
Do you want full access? Go Premium and unlock all 6 pages.
Access to all documents
Download any document
Ad free experience
Premium Document
Do you want full access? Go Premium and unlock all 6 pages.
Access to all documents
Download any document
Ad free experience

Unformatted text preview:

BCOR 3000 1st Edition Lecture 27 Outline of Last Lecture I. Corporate Criminal LiabilityII. Crimes of ThefIII. ArsonIV. Other CrimesV. White Collar CrimesVI. RICOVII. DefensesVIII. Procedure StepsIX. OutcomesX. Attorney-Client PrivilegeXI. 6th AmendmentOutline of Current LectureI. Patents, Copyrights, TrademarksII. Priority and RegistrationIII. TrademarksIV. Trademark IssuesV. Generic Use of TrademarkVI. PatentsThese 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 PatentsVIII. Legal Significance of a PatentIX. CopyrightsX. Fair Use DoctrineXI. Digital Copyrights IssuesXII. Misappropriation “Stealing” of Trade SecretsXIII. International ProtectionCurrent LectureChapter 5—Intellectual PropertyPatents, 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 eachPriority 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 theyproved 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 $1,000,000Trademark 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/cybersquattingGeneric 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 soPatents• 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 maybe 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 infringementPatents—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 pastWhat 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 issuedHow 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 thepatent 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 requirementCopy rights• Test is originality—you did it, you made it.– If you


View Full Document

CU-Boulder BCOR 3000 - Intellectual Property

Download Intellectual Property
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Intellectual Property and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Intellectual Property 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?