BSLW1021 Chapter Notes - Chapter 10: Digital Millennium Copyright Act, Integrated Circuit Layout Design Protection, Patent Infringement
Document Summary
Lanham act: grants a producer the exclusive right to register a trademark and prevent competitors from using that mark. Trademark: when a mark identifies a product. Service mark: when a mark identifies a service: can register for mark and then goes through us patent and trademark office, can get product or service trademarked internationally. Distinctiveness: how trademark law categorizes marks: 1) coined or fanciful, 2) arbitrary, 3) suggestive, 4) descriptive, 5) generic. Associated distinctiveness/secondary meaning: when a descriptive phrase becomes associated with a single commercial source. Color alone does not function as a trademark unless it serves as a symbol of the brand. A person who has the right to use the mark my obtain an injunction that prohibits competitors from imitating the mark: if the general public would be confused by the mark. They hope to sell the domain name to the company or person.
