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Trademark Law
 

Trademark Law

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  • http://content.answers.com/main/content/wp/en/7/7d/Exxon_logo.png
  • http://rpta.ncms.org/images/KodakLogo.jpg
  • http://www.the-forum.com/advert/images/ivory2.jpg
  • http://www.gasolinealleyantiques.com/images/Advertising%20Page/lighter-camel.jpg
  • http://www.courtneyscorner.com/store/barbie/images/g8079.jpg

Trademark Law Trademark Law Presentation Transcript

  • TRADEMARKS ®
  • TRADEMARK Any word, name, slogan, design or symbol that is used in commerce to identify a particular product and distinguish it from others
  • Service Marks distinguishes the services of a company
  • Trade Names identifies and distinguishes the company itself
  • Protected by the Federal Trademark Act of 1946 – Lanham Act
  • REQUIREMENTS
    • Use in commerce
    • Distinctiveness
  • Unique Words
    • Exxon
    • Kodak
  • Common Words Uniquely Applied
    • Ivory -- soap
    • Camel -- cigarettes
    • Designs must be distinctive as well
    • No generic terms
    • Descriptive terms only if have acquired “secondary meaning” -- are customarily associated with the product
    • No personal names unless have acquired secondary meaning.
    • No geographical names.
    • No immoral, offensive or deceptive marks.
    • No official flags or insignias.
    • Titles of magazines, tv programs or series of books--okay to trademark.
    • use it or lose it
    • if mark becomes generic, lose protection
  • Infringement
    • Similar enough to cause likelihood of confusion in marketplace
  • Antidilution
    • Protect dilution of a distinctive mark.
    • Mark is well known.
    • Defendant’s actions raise a likelihood of dilution.
  • Unfair Competition
    • Protection of communicative creations from unauthorized use by others.
  • Palming Off
    • Pass off your good as someone else’s.
    • Ordinary, prudent consumers could be misled or confused.
  • Barbie
    • The song “Barbie Girl” is a social comment and was not created or approved by the makers of the doll.
    • 1997 Aqua Aquarium
    • MCA Records
  • Barbie Food Chain
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