Module 29: Introduction to IP and Trademarks

Law of IP covers…

1. trademarks
2. trade secrets
3. patents
4. copyrights

What are the several fundamental concepts

1. protects certain types of knowledge, ideas, and expressions by granting rights to creators
2. someone else violates these rights, violator engages in type of competition which declared unlawful


3. laws can go too far

What do trademarks protect?

protect 4 things (words, phrases, symbols, and devices adopted for purpose of identifying origin of good or services available for sale

what are generic trademarks?

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* trademark protection denied if potential trademark deemed generic
* entire class of goods
* exclusive right to sell product and call it “water”, but too generic
* at first, not generic but can be deemed generic over time

what are descriptive trademarks?

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* characteristic of a product
* true descriptive terms and company names using geographic designation or persons name only trademark if acquire secondary meaning (substantial percentage of population associates term with particular company)
* Michael Dell’s.  Often not work, but Dell now associate with computer

what are suggestive trademarks?

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* suggest some particular characteristic of the goods or services which they apply and require consumers to exercise their imagination in order to draw conclusion as to the nature of the goods and services
* coppertone = sun tanning product; sleekcraft = motorboat

what are arbitrary trademarks?

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* common words used in a meaningless context
* Apple can have trademark, product doesn't have to do anything with apples

What are fanciful trademarks?

new word that didn't exist before company invented it

what is the likelihood of confusion?

if company has trademark protection, can take legal action if competitors make certain uses of trademark

what are anti-dilution statutes?

using tiffany as a bar name (associated with jewelry company)