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Lecture 5

CCT206H5 Lecture Notes - Lecture 5: Lanham Act, Certification Mark, Sports Equipment


Department
Communication, Culture and Technology
Course Code
CCT206H5
Professor
Anthony Wensley
Lecture
5

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CCT 206
Feb 2, 2017
Lecture #5
Trademark
Trademark vs Copyright
o A Trademark protects names, terms and symbols that are used to identify the
source of goods and/or services on the market. In other words, a trademark lets
the consumer distinguish one company's offerings from another's. Trademarks
include brand names such as "Coca-Cola" and images such as Nike's famous
"swoosh."
o A Copyright protects original creative works such as books, movies, songs,
paintings, photographs, web content and choreography
(https://www.legalzoom.com/trademarks-patents-copyrights/summary-compare-trademark-copyright.html)
Copy right protect the rights of the artists 70 years
Paul McCartney sues Sony over Beatles songs, and claims ownership of a couple of
songs after 35 years
o http://www.rollingstone.com/music/news/paul-mccartney-sues-sony-over-beatles-
music-w461731
** how to get back copyright back after 35, what’s the process? **
IP Framework
What is covered by particular type if IP?
o Lanham Act (US)
o Trade Marks Act (Canada)
o Trade Mark Act (Australia)
o Trade Mark Act (UK)
o What are marks?
A mark can be a trademark, service mark, collective mark or certification
mark
Any trademark is any word, name, symbol, device (design) or
combination thereof which is used in commerce or with the intention of
being used in commerce by a person or organization to distinguish their
good and indicate the source of goods
Buying an apple product with an apple symbol, we assume it’s an
actual Apple product, which has a reputation, BRAND, it’s a
whole collection of different thing, function, quality, reputation.
What’s the price of reputation? Hard to put a price tag on it, who
knows
o What are the functions of marks?
Differentiating between ‘similar’ products
Establishing a standardized level of quality and/or fitness of use
find more resources at oneclass.com
find more resources at oneclass.com
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