LEB320F Meakin C 2013 Spring Week 7 Lecture 12 February 26 Outline of Last Lecture II Trademarks III Types of Trademarks A Generic B Descriptive C Suggestive D Arbitrary IV Establishing trademark V Infringement VI Sullivan v CBS Corp VII UT v KST Electric VIII Federal Anti dilution Statute Outline of Today s Lecture Chapter 9 Intellectual Property Continued IX Cybersquatting X Copyright XI Feist Publications v Rural Telephone XII Infringement XIII Benay v Warner Brothers XIV Parody and Fair use not actionable XV Suntrust v Houghlin Mifflin XVI Trade Secret XVII ICM v DTI XVIII Federal Criminal Law protection Cybersquatting Domain names o Ford o Ford cars o Fordstinks com o Mike Rowe Mikerowesoft com o net biz cheaper domains Copyright o Must be reduced to tangible medium of expression o Literary musical choreography pantomimes etc Not facts Not ideas o Right given to author originator o Team varies author 70 Work for hire o After the term the work goes into public domain Shakespeare is a public domain too old Bible verses sonnets 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 o Register with US copyright office if you wish Not necessary but do it so you can sue o Expression is protected not idea o Must be fixed in a tangible medium o Doesn t have to be good or long Bad drawings short poems o Copyright notice no longer necessary but do it Feist Publications v Rural Telephone o Rural s directory is not original o Simply facts Infringement o Actionable o Not necessarily exact copy Benay v Warner Brothers o There was enough differences Parody and Fair use not actionable Suntrust v Houghlin Mifflin o Look at effect on the market for the originals o TWDG fair use in perspective of slave Castle Rock v Carol Pub Not in book Reverse engineering copyrights o Reverse engineer the feeling of original o No Strings Attached v Friends With Benefits o Doesn t have to be exact copy to be copyright infringement has to confuse consumer o Coldplay charged with CR infringement for Viva La Vida by 3 other bands Teaching limited to as long as you don t destroy the market You own the collateral rights to the work Trade Secret o Examples anything that would give your company a competitive advantage customer lists Coke KFC secret sauce o Never have to disclose o Only protected by state law with small federal criminal aspect Uniform Trade Secrets Act o You protect it yourself by taking reasonable steps Court uses a cost benefit analysis Numbered copies Employee NDAs Build a tent for flyovers o 1 Info is a trade secret o 2 Reasonable measures to protect o 3 Improper use acquisition disclosure Smith v Snap On Not in book o No expectation of confidentiality ICM v DTI o Newlin and Vafa left ICM for DTI o Arrangement of non secret programs in Software a trade secret Yes Federal Criminal Law protection o Economic Espionage Act 1996 o Federal crime to steal o Concern of foreign companies and government
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