Law of Advertising and Public Relations - Patents and Trademarks
Law of Advertising and Public Relations - Patents and Trademarks JMC-40016-001
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This 0 page Class Notes was uploaded by Megan Angelo on Wednesday March 16, 2016. The Class Notes belongs to JMC-40016-001 at Kent State University taught by Timothy A. Roberts (P) in Spring 2016. Since its upload, it has received 21 views. For similar materials see LAW OF ADVERTISING AND PUBLIC RELATIONS in Culture at Kent State University.
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Date Created: 03/16/16
Patents and Trademarks 35 Patent a constitutional property right Do provide a limited monopoly for inventors to pro t from innovation 3 Types Utility mechanical device electrical Plant invention of asexual reproduction natural plant Design new original and ornamental design CreationDuration USPTO agency in the department of commercegenerally last for 20 years from the day it39s led Trademark any word name symbol or deviceused by a manufacturer or merchant to identify hisher goods or service identi cation distinction Service Marks identify sources of services rather than goods Purpose identify origin of product or service law is identical to trademark Lanham Act 1946 governing law enforced by US Department of Commerce means for registeringconsumers are excluded Symbols R with a circle around it registered trademark TM Not registered trademark not protected SM service mark not registered not protected Process USPTO name address drawing of trademark list of all goods and services 5 specimens showing the trademark being used and a ling fee Must be distinct trademark examining attorney appeal trademark trial and appeal board If approved you must use the R with the circle around it phrase registered in US or reg US Pat of Tm off Owners purchase ads in professional publications inform names are trademarked Protection renewed every 10 years Must be maintained Could become into public domain Fight infringers Remedies lnjunction court order traditional Monetary Relief Not 100 but often signi cant when awarded Not Political communication editorial content parodies Violations 1 lnfringement quotknockoffquot Ex coache coach 2 Dilution blurring and tarnishing another trademark quotfamousquot marks a Federal Trademark Dilution Act 1995 spells out blurring tarnishing i Blurringdistracting from a mark39s effectiveness Ex Victoria Secret case ii Tarnishing disparaging the mark Ex dumb Starbucks Moseley v Victoria39s Secret 2003 Victors Secrets changed Victors Little Secrets sued for dilution Supreme Court ruled against VS No actual harm Trade Diution Revision Act 2006 Changed to quotpotential harmquot Dumb Starbucks Starbucks could have sued for tarnsishment Copyright parody defense Trademark NO commercial FTDA impact 1 Comparative Ads use of competitors trademark is allowed can compare differences Not similarities 2 Informational Ad references other trademark Cannot create confusion Can39t suggest a relationship
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