BSLW1021 Study Guide - Final Guide: Posting Rule, Rescission, Specific Performance
20 Sep 2017
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Trade dress: qualified unregistered trademark, must be distinctive and nonfunctional. If a term is generic you cannot register it for a trademark. As long as there is no secondary meaning created by the brand descriptive terms are not trademarkable (but philidelphia cream cheese is because it made a brand for itself) Can be if it"s imperative like pink insulation. Fair use: criticism, news, teaching and research without permission. American geophysical v. texaco (q13 pg 180) Commercial research for profit, copied storage key and data, not acceptable for entire work adaptable with internet. About a boy - hugh grant just makes money every time his father"s song plays - copyright. Need to have permission and pay royalties. See criteria for granting injunction or infringement. Mercexchange sought injunction for buy now feature. Hard to protect once product is on the market. Monitor researched hallmark cards and gave the info to clipper, had to pay damages because they"d signed a confidentiality agreement.
