Trademark and Libel Law

These flashcards cover key concepts in trademark and libel law, including definitions, important cases, and legal standards.

What is a trademark?

A trademark is any word, name, symbol, or device, or any combination thereof, adopted and used by a manufacturer to identify and distinguish their goods from others.

What are the four categories of trademark distinctiveness?

Fanciful, Arbitrary, Suggestive, and Descriptive.

What is the difference between trademark infringement and dilution?

Infringement occurs when there is a likelihood of confusion about the source of goods; dilution weakens a trademark's identity without confusion.

What are the two types of trademark dilution?

Blurring and Tarnishment.

What was the significance of Matal v. Tam?

It ruled that the government cannot deny trademark registration based on the perceived offensiveness of a mark.

What is libel?

Libel is a false statement that harms someone's reputation within the community.

What are the elements of a libel claim?

1. The statement is defamatory. 2. The statement is false. 3. The statement is about an identifiable person. 4. The statement was published. 5. The speaker was at fault. 6. The plaintiff suffered damages.

What is the key distinction between libel and slander?

Libel refers to written defamation, while slander pertains to spoken defamation.

What is Section 230 of the Communications Decency Act?

It provides immunity to interactive websites from liability for republishing defamatory statements, encouraging free speech and protecting platforms from liability for user-generated content.

What standard must public figures meet to prove defamation?

Public figures must prove 'actual malice,' meaning the defendant acted with knowledge of the statement's falsity or reckless disregard for the truth.

What landmark case established the actual malice standard?

New York Times v. Sullivan (1964).

How long is the statute of limitations for libel?

23 years.

What is absolute privilege in libel law?

Government officials speaking in an official capacity are immune from libel.

What is the fair report privilege?

Journalists and writers can report on libelous statements about government officials if they quote the source and attribute it.