Intellectual Property (Exam 2): Chapter 23

Most Common Types of Unfair Competitions

1. Passing off (palming off): Selling one’s own goods or services as those of another

2. Misappropriation: Taking or using another’s property that the original owner created or secured at effort and expense

3. Right of Publicity: Protecting one’s identity against unauthorized commercial exploitation

4. False Advertising: Making false or deceptive representations about the nature of one’s goods or services

5. Product Disparagement: Making false representations about the nature of another party’s goods or services

6. Dilution: Using another’s famous mark in a way that is likely to cause blurring of its distinctive quality or tarnishing it by harming its reputation

7. Infringement of Trade Dress: Adopting the overall concept of another’s distinctive packaging or product image

Reverse Passing Off

A form of unfair competition in which a defendant misrepresents someone else’s goods or services as the defendant’s own

Ways right of publicity can be infringed

1. Phrases and nicknames

2. Likeness

3. Voice

4. Roles and Associated Objects

Right of Publicity

survives death for a stated period of time in most states (Cali = 70 years) (Others = 10-100 year)

Comparative Advertising

Advertising that compares one product or service with another or that states one products works with another or is compatible with another

Puffing

An exaggerated and highly subjective statement upon which no reasonable person would rely; generally, nonactionable opinion

Federal Trade Commission

The federal regulatory agency charged with protecting consumers from unfair or deceptive acts and practices

Little FTC Acts

State statutes that prohibit deceptive and unfair trade practices

Product Disparagement

Making false representations about another’s goods or services; also called commercial disparagement or trade libel