Shared Flashcard Set

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Intellectual Property
N/A
12
Law
Undergraduate 4
12/09/2013

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Cards

Term
Intagible Property Sources
Definition
  • broadcasting rights
  • licensing & merchandising
  • sponsorships & endorsements
Term
Intellectual Property
Definition
  • intangible
  • manifests itself in printed, video, or audio form
Term
Intellectual Property Rights
Definition
  • Trademarks
  • Copyrights
  • Rights of Publicity
Term
Trademarks
Definition
any word, name, symbol, or device that a person or org uses to identify & distinguish its products & services from other product & services
Term
Lanham Act of 1946
Definition

federal statute enacted to protect owners of trademarks on a nation-wide basis by preventing others from:

  • using marks w/o permission
  • using similar marks

(marks are registered through USPTO) 

Term
Trademark registration
Definition
  • marks can be registered for 10yrs and then renewed
  • no one else can have registered the mark or similar mark
  • mark has to be distinctive
Term
TM
Definition
  • used to provide that someone claims trademark
  • used when trademark has not been registered or is in process of registration
Term
R
Definition
used to provide notice that someone has a federally registered trademark
Term
Licensing
Definition
  • right granted by the owner to a third party 
  • permits the licensee to associate its products, services, or business w/ trademark
Term
Trademark Infringement
Definition
a violation of the trademark rights of another person
Term
Remedies for infringement
Definition
  • injucntive relief
  • monetary damages
Term
Factors that determine Infringment
Definition
  • strength of the allegedly infringed upon mark
  • degree of similarity between the 2 marks
  • evidence of actual confusion
  • whether alleged infringer acted in good faith
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