TM
Patent
Copyright
Cases
Potpourri
100
10 years
What is the number years of a valid TM?
100
Duration of a patent
What is 20 years from date of filing
100
Life of ©
What is the life of the © holder + 70 years
100
Holding of Findlay v. Findlay (art dealer brothers)
What is: D has right to use his name. P has right to have D use it in a way not injurious to his business or to mislead the public. Where there is such conflict of rights, ct must regulate the name so little injury befalls P. Intent is an element of infringement. (Sacred right to your name is not unlimited)
100
Ideas
What is are not copyrightable as a matter of law
200
The most protectable TM?
What is Fanciful?
200
Elements of a patent
What are New, Useful, Nonobvious
200
Fixation
What is a tangible medium of expression sufficient if the work can be perceived, reproduced or otherwise communicated directly or with aid of machine or device
200
Holding of Qualitex
What is: Sometimes, a color will meet ordinary legal TM requirements. And when it does, no special legal rule prevents color alone from serving as a trademark. Color can be associated with a brand. Color must have secondary meaning to be TM
200
Holding for Two Pesos
What is Secondary meaning is not required to prevail on a claim under Lanham Act where trade dress at issue is inherently distinctive.
300
3 elements of application process
What are: 1. Paying prescribed fee and completing form? 2. Date of applicants first use of ™ and first time used in interstate commerce (might need an image)? 3. Verified by applicant that they are the owner of the mark and no one else has right to use the mark. ** Describe the goods, and what their classification is.
300
Prior Publication
What is negates a patent application. The disclosure need not be of an invention reduced to practice, either actually or constructively. **Note, disclosure must be to an appreciable number of people, a few readers would not count (e.g. 6 panelists reading paper brief).
300
Rule of joint authors
What is In absence of a contract, did the authors intend to be co-authors?
300
Holding of Applegate v. Scherer (Chemical composition for fish population)
What is: Someone of ordinary means who reduces concept to practice, CANNOT be inventor. Schere is inventor as he conveived idea and Applegate merely made it a test. Note: The first to conceive has some superior right, for policy reasons to conceive idea encourages sharing with others.
300
Polaroid Factors
What is 1) strength of the mark, 2) degree of similarity btw the 2 marks, 3) proximity of the two products 4) likelihood the senior mark will bridge the gap 5) ev of confusion 6) junior's use of bad faith in adopting the mark, 7) the quality of the junior user's product, 8) sophistication of the relevant consumer group.
400
Have a bona fide intention to use the mark and must have one legitimate use of the mark in commerce.
What is Intent to Use Application
400
Defenses to Infringement
What are 1) Invalidity of patent? 2) Patent misuse (unlawful extension of patent) 3) Prior use (would have to have been greater than 1 year from the date of the application) 4) Experimental Use (highly limited, not commercial, not business related and would be to satisfy curiosity).
400
Feist 2-part test
What is : 1) ownership of valid (c), 2) copying of constituent elements of the work that are original.
400
Feist Holding
What is: Names, towns, and telephones numbers copied by Feist were not original to Rural and therefore not protected by © in Rural's directory. As a Con matter, © protects only those constituent elements of the works that posses more than a de minimum quantum of creativity. Basic arrangement by alphabet falls short of the mark. Statutorily, the arrangment lacks originality. Feist did NOT INFRINGE
400
Denicola test (conceptual separability)
What is ---> if design element reflects a merger aesthetic and functional considerations, the artistic aspect is not separate. Conversely if reflect artists judgment exercised independently of functional influences, conceptual separability exists
500
Conditions subsequent to the 10 year TM registration period
What are: 1) between 5th and 6th year need to file Section 8 affidavit (dies without filing) 2) can be resurrected within 6 months of non-filing 3) Between 9th and 10th year to file for renewal to keep it going (do not want to abandon).
500
Prior to March 16, 2013
What is Patent law protects first to invent. To prove invention, 1) it can have been recorded in a tangible medium (drawing or spec dated and signed by independent W) 2) the date the invention was built(reduction to practice) 3) the date the patent application is filed, which is treated as constructive reduction to practice.
500
For photos: Unless altered by contract
What is photos are copyrightable. If they are of a copyrighted work, the copyright is only of the new, differentiating elements
500
Holding of Mazer (Male and Female Statuettes)
What is: Were lamp bases © for art affirmed. The economic philosophy behind the clause empowering Cong to grant patents and © is the conviction that encouragement of individual efforts by personal gain is the best way to advance the public welfare through talents of authors and inventors in Science and Useful Arts.
500
4 Factors for © infringement
What is 1) purpose and character of the use-->including commerical and noncommerical, 2) nature of (c) work, 3) ammount and substantiality of the portion in relation to work as a whole, 4) effect of use upon mkt of (c) work (unpublished doesn't bar work).
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