1. Unit J Customized by Professor Ludlum Nov. 2, 2016
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

2. 2011
“Future Mexico”

3. 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.

4. Types of Intellectual Property
Trademarks.
Service Marks.
Trade Dress.
Patents.
Copyrights.

5. §1: Trademarks and Related Property
Distinguish product/service from goods of other manufacturers and merchants. Avoids

6. Statutory Protection of Trademarks
Lanham Trademark Act (1946)
Federal Trademark Dilution Act (1995) creates cause of action based on a “similar” mark.

7. 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!

8. Distinctiveness of Mark
Trademark must be sufficiently distinct.
Secondary Meaning.
Monster Cable vs Everything with “Monster”
Generic Terms: escalator, aspirin.

9. 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?

10. 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

11. 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

12. 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®

13. §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.

14. §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.

15. 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

16. 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

17. 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.

18. 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.

19. Personal Injury Lawyers Mention prescription drugs by name
Fair use?
I searched for “sleazy lawyer” and got this photo

20. FLYNT v. FALWELL – Part 2

21. 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

22. 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?