LGLS 1901 Lecture Notes - Lecture 11: Trademark Dilution, Patent Infringement, United States Patent And Trademark Office
29 Nov 2016
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Document Summary
Intellectual property is intangible property but people have rights toward it such as trademarks, patents, copyrights, trade secrets, etc. May exceed the value of physical tangible assets. A trademark is some symbol or mark or motto or device or emblem or name that a manufacturer uses, stamps, or prints to identify oneself or the goods that it produces. Lanham trademark act (1946) creates incentives for companies to invest; prevents unjust enrichment of companies who infringe. Lanham amended with federal trademark dilution act (1995) Creates federal cause of action even when unlikely to confuse consumers. Applicant intends to put it into commerce within 6 months. Damages, plus profits wrongfully received from unauthorized use. Descriptive, geographical terms are usually not protected, unless there is a secondary meaning, e. g. , london fog coats. Generic terms: receive no protection (bicycle, aspirin, computer) Similar to trademark but used to distinguish services of one person/ company from another.
