Unit J Customized by Professor Ludlum Nov. 2, 2016 Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
2011 “Future Mexico”
Introduction Intellectual property (or “I.P.”) is becoming more important because the value of many corporations (e.g., Microsoft) is based primarily on I.P.
Types of Intellectual Property Trademarks. Service Marks. Trade Dress. Patents. Copyrights.
§1: Trademarks and Related Property Distinguish product/service from goods of other manufacturers and merchants. Avoids
Statutory Protection of Trademarks Lanham Trademark Act (1946) Federal Trademark Dilution Act (1995) creates cause of action based on a “similar” mark.
Trademark Registration Register if: Mark is currently in commerce; or Applicant intends to put it into commerce within 6 months. Trademark lasts for _____________and can be renewed!
Distinctiveness of Mark Trademark must be sufficiently distinct. Secondary Meaning. Monster Cable vs Everything with “Monster” Generic Terms: escalator, aspirin.
Trade Dress Image and overall appearance of the product, product names, or packaging. Issue is consumer confusion. What does Pizza Hut look like? What does Best Buy look like?
Collective Marks Titles and character names used in media are frequently registered as service marks. Examples: Pillsbury Dough Boy Mr. Whipple & Charmin Maytag Repair Man, Michelin Man Marlboro Man, Hooters Owl, Playboy Bunny
Counterfeit Goods SHOW AND TELL TIME Importation of goods that bear a fake (counterfeit) trademark damages U.S. businesses – estimates are $30 billion (2016) Stop Counterfeiting in Manufactured Goods Act. Penalties: Up to $2 million and 10 years in prison. SHOW AND TELL TIME
Trade Names Trademarks apply to products: e.g., Pepsi-Cola®. Trade name applies to companies and are protected by federal law as well. Example: Safeway®, Subway®, Sears®, Maytag®, Disney®, Microsoft®
§3: Patents Exclusive federal grant to make, use and sell an invention for _________ years. First person to invent, not file, gets protection. What is patentable? Almost anything except: (1) laws of nature, (2) natural phenomenon, (3) abstract ideas. Patents for Software are now available.
§4: Copyrights Automatic protection after 1978. Intangible property right to author for For publishing houses, copyright expires 95 years from publication or 120 years from creation, whichever is first.
So now the character “Sherlock Holmes” is in the public domain Only 10 of 60 of the Sherlock Holmes mysteries are still covered by copyright So now the character “Sherlock Holmes” is in the public domain Sir Arthur Conan Doyle ABA Journal, June 2014 p9
Movies about asteroid hitting earth? Can only copyright the expression of an idea, not the idea itself (Section 102). Movies about asteroid hitting earth? Armageddon Deep Impact Movies about White House under attack Protector who lost credibility must redeem himself by Protecting the President Olympus has Fallen White House Down
Copyrights: What is Protected Expression? Compilations of facts are copyrightable but the compilation must be “original.” See, Bellsouth Advertising & Publishing Co. v. Donnelley Information Publishing, Inc. (1993). “Works Made For Hire”. Unless agreed otherwise, the authorship of works created by an employee within the scope of employment, remains with the employer.
Copyright Infringement “Fair Use”: Section 107 of the Copyright Act provides for exception to liability from reproduction of copyright under the the “fair use” doctrine when material is used for criticism, comment, news, teaching, research.
Personal Injury Lawyers Mention prescription drugs by name Fair use? I searched for “sleazy lawyer” and got this photo
FLYNT v. FALWELL – Part 2
Happy Birthday to You… You want include this song on your album Warner/Chappell Music claims a copyright Song written by Hill sisters in 1893 Sold to Clayton Summy, published in 1911 Registered copyright in 1935 Commercial protection for 120 years from 1935
Happy Birthday to You… Warner/Chappell Music claims a copyright Demands $455 to use the song on your album Do you pay them? Even if you think the claim of copyright is bogus?