LEB320F Meakin C 2013 Spring Week 6 Lecture 11 February 21 Outline of Last Lecture II Review Case Studies A Johnson v Hicks B Baker v Zingelman C US Bank National Association v Ibanez D Sexton v Wagnon E Gordon v Bialystroker Center Bikur Cholim Inc F State of Texas v 281 420 00 G Meaux v Sisters of Charity of the incarnate world H Whatley v Lindeman Inc I Employers Insurance of Wausau v Chemical Bank J University of Texas v KST Electric Ltd K Integrated cash management services v Digital transactions Inc L Lough v Brunswick Corp M Larami Corp v Alan Amron Talk to me Products Inc N Feist Publications Inc v Rural Telephone Service Co O Benay v Warner Brothers Entertainment P Suntrust Bank v Houghton Mifflin Company III Lost socks A Mislaid B Lost C Abandoned IV Bailment V Duty to return VI Intellectual Property A Trademark B Patent C Copyright D Trade secret Outline of Today s Lecture Chapter 9 Intellectual Property VII Trademarks VIII Types of Trademarks A Generic B Descriptive C Suggestive D Arbitrary IX Establishing trademark X Infringement XI Sullivan v CBS Corp XII UT v KST Electric XIII Federal Anti dilution Statute 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 Intellectual Property Cont o Trade secrets are protected because you take the necessary steps to keep it o Limits some economic freedom to foster innovation o A single item can be protected by more than one form of IP protection o IP matters to every profession Questions about Trademark issues o What s covered o How s ownership acquired File patents write down copyrights o How long does it last Patents 20 years copyrights depend o How do I enforce my rights o Special defenses Educational defense Trademarks o Word phrase symbol design color sound o Trade dress shape packaging o Service marks o Why do companies spend billions on trademarks So they can charge more No risk you know what you re getting into Private label Personal reputation and business reputation Originally a patchwork of state laws now Latham Act Types of Trademarks o 1 Generic unprotected Nouns food boat o 2 Descriptive protected if secondary meaning Don t name company after yourself a region McDonald s Southwest o 3 Suggestive protected without secondary meaning Chicken of the sea soap Apple o 4 Arbitrary Primo Best trademark to have Made up word Kodak Con must spend a lot to brand it Hybrid use and or registration 2 ways to establish trademark o 1 First use it and first to register it you win nationwide o 2 If second or later to use and first to register you win but for the first use o Dual can be a problem same names already in use Protected in region and in line of business Infringement is actionable o It s the consumer confusion o Coming close is good business too close is infringement o Test likelihood of confusion Apple o Does not have to be intentional Sullivan v CBS Corp Not in book o Band v show UT v KST Electric o Motion for summary judgment for KST o Likelihood of confusion Not just possible but probable Will a consumer believe the products are affiliated J SH denied on infringement Federal Anti dilution Statute o Tiffany is the most vigilant Tiffany s had dilution statute protect their brand o Victor s Secret
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