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Marketing and Sales Law Intellectual Property Law
The purpose of our study of intellectual property law is: To recognize intellectual property that is protected by law To learn how to protect intellectual property To learn what use of intellectual property is prohibited and what is permitted Myriad Genetics
Trademarks:
Names, symbols and phrases used to represent a company or its products
Trade Name – name used to distinguish business from others
Trade Mark – symbol or phrase
Service Mark – service industry, same definitions
Selection
search to insure not in use
Federal registry
State Common Law protection
Protection
Arises from use not registration
State Common Law and/or statutory protection – intrastate and perhaps regional protection
Michigan Statutory Protection presumes “abandonment” from non- use for two consecutive years
Page 2 Registration
State – protects in state use and serves to give notice of use and claim
Michigan is done under MCL 429.30 et seq.
Federal – protects mark nation wide
Can be registered with U.S. Patient and Trademark Office if:
- owner has used in interstate or foreign commerce and,
- the mark is distinctive, and
- Mark is not confusingly similar to one already owned and used on similar goods or services. Allows suit in Federal Court
Treble damages and Attny fees
Available if:
Mark has been used in interstate commerce
The danger of mark becoming “generic”
Never refer to product by mark alone Do not tolerate any unauthorized use Trade Dress
Size, shape, color or graphics of a product or its packaging
Must be “non functional” if “functional” the rival companies may claim necessity to use in order to compete
Must be inherently distinctive
Buick’s grill and “ventiports”
Volvo’s grill.
Avoid claims that trade dress is actually functional
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Trade Secrets Defined: information including a formula, pattern, compilation, program, device, method, technique, or process:
Sound recordings Architectural works
Covers commercial intellectual property – blueprints, shop manuals catalogs and brochures, advertising, etc.
Life of creator plus 70 years.
Common law, automatically but no damages, only injunctive relief.
File with Register of Copyright – get right to injunction and money damages.
Should bear notice. Copyright first date of publication and name of owner as well as the C in the circle.
Patents
Protects product, process, invention, machine or plant produced by asexual reproduction.
Three criteria:
Novel or new
Useful, unless it is a design
Non-obvious
If granted, gives 20 years of protection from date of application
