BSLW1021 Lecture Notes - Lecture 9: Treble Damages, Comparative Advertising, Lanham Act
Document Summary
Trademark/trade dress: protected by the lanham act (federal law, must renew but can last forever, cannot just register a trademark and keep to yourself has to be used commercially. Copyright: power out of the us constitution, life of the author plus 70 years, if you are hired to write or produce something then the corporation owns it. Patents: utility and plant patents 20 years, design patents 14 years, like a monopoly no one else can use it during the patent period, power comes from constitution. Trade secrets: state law varies from state to state, as long as reasonable steps are taken to keep them a secret. Image, good reputation, expectation of repeat patronage: state law unfair competition, federal law lanham act, boston duck tour v. super duck tour. Is duck tour a generic term or is it specific to boston duck tour not specific, general name. Creating and protecting a mark: inherently distinctive immediate protection.
