Help us make sound decision about the products we need and want
Trademark
Protect us from knock off goods
Trademark
Is any word, name, symbol, or device used to identify and distinguish goods from those manufactured or sold by others, and to indicate the source of the goods even if that source is unknown
Trademark
You often knew exactly who was making your stuff, and know how it was made
Before the industrial revolution
Asure you that you’re buying the same product
Brand names
The rationale for granting legal protection for trademarks is that ____________
They’re a type of property
Functions like a consumer protection measure
Trademark law
Prevents consumer confusion, and makes it easier for consumers to select and purchase the goods and service they want
Trademark law
Provides congress with the authority to regulate and protect copyright and patents
Intellectual property clause of the constitution
Though trademarks are often classified as_____
Intellectual property
The supreme court held where congress has no power to protect or regulate trademarks under the intellectual property clause of the constitution
In the 1879 trademark cases
Gives the congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes
Commerce clause of the constitution
Very similar to trademarks in that they distinguish one particular service
Service marks
Is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers
Trade dress
Trade dress or product packaging is protected if it’s _______ and ________
Distinctive & Nonfunctional
Limits on what can be a valid trademark
Functional product features
Requirements for trademarks
Has to be a symbol or device
The mark has to be used in interstate commerce
Has to be distinctive
Trademark distinctiveness
From Unprotectable to highly protectable:
Generic
Descriptive
Suggestive
Arbitrary
Fanciful
Receive automatic protection upon use
Suggestive
Arbitrary
Fanciful
Never entitled to protection
Generic
What does “TM” means?
Owner is asserting trademark in the product
What does “r” means?
Trademark has been registered
Benefits only famous trademarks against a weakening of their valuable distinctive quality
Federal trademark dilution act
Types of dilution
Dilution by blurring
Dilution by tarnishment
Happens when a similar trademark chips away the distinctiveness of a famous trademark
Dilution by blurring
Happens when similarity between a mark or trade name and a famous mark harms the reputation of the famous mark
Dilution by tarnishment
7th Circuit Court of the United States’ definition
Similarity between the marks in appearance & suggestions
Similarity of the products for which the name is used
Area and manner of concurrent use
Degree of care likely to be exercised by consumers
Strength of the plaintiff’s mark
Actual confusion
An intent on the part of the alleged infringer to “palm off” his product as that of the plaintiff