Business Law Today Text and Summarized Cases 10th Ed Diverse Ethical Online and Global Environment Roger LeRoy Miller Gaylord Jentz Chapter 5 Intellectual Property and Internet Law Login Shutterstock com 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use INTRODUCTION Intellectual Property I P is any property that is the product of an individual s mind e g books software movies music 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use INTRODUCTION U S Constitution protects I P in Article I Section 8 Congress shall promote the Progress of Science and useful Arts by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries Ownership of I P is strategically important in the global economy 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Trademark Distinctive motto mark or emblem Stamped or affixed to a product So that it can be identified in the market 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Statutory Protection for Trademarks Lanham Act of 1946 provides federal protection of manufacturers from losing business to rivals that used confusingly similar brands and products 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Trademark Dilution Act of 1995 Amended Lanham Act to bring federal cause of action in federal court for trademark dilution even when mark is unlikely to confuse Similar marks may give rise to dilution suit 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Trademark Registration U S Patent and Trademark Office www uspto gov gives notice to 3rd parties A mark can be registered if in use or mark will be used within 6 months 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Trademark Infringement Unintentional or intentional substantial copying of mark 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Distinctiveness of Mark Strong Marks fanciful arbitrary or suggestive trademarks are most distinctive marks normally not related to product Apple Xerox Starbucks Suggestive Trademarks bring something to mind without describing the product directly 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Distinctiveness of Mark Secondary Meaning descriptive geographical or personal names do not acquire protection until consumers associate term with product London Fog Generic Terms no protection bicycle computer 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Trade Dress Protects image and appearance of a product or store Example fish shape of cracker Starbucks stores Counterfeit Goods Stop Counterfeiting in Manufactured Goods Act 2006 criminalizes intentional trafficking in counterfeit goods 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Trade Names Indicates all or part of a business name that is protected Example Safeway Cannot be registered Usually relates to the business and its goodwill 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use TRADEMARKS AND RELATED PROPERTY Licensing Agreement that permits use of trademark copyright or patent in cyber space Owner is licensor user is licensee Terms of the use are delineated in the license agreement 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use CYBER MARKS Domain Names Trademarks in Cyberspace example Nike com Conflicts ICANN 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use CYBER MARKS Anticybersquatting Legislation Occurs when 3d party registers a domain name that is the same or similar to another company