SMGT 3861 Lecture Notes - Lecture 9: Lanham Act, Trade Dress, Intangible Property

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Published on 17 Apr 2019
Chapter 9
Tuesday, April 16, 2019
6:00 PM
What is Intellectual Property?
Intellectual property is a property right protected under US federal and state
law, including creative works, ideas, discoveries, and inventions. The term
intellectual property relates to intangible property such as patents,
trademarks, copyrights and trade secrets and trade dress.
Intellectual property rights include the same rights as all property
Types of Intellectual Property
Trade secrets
Trade dress
Right of publicity (state law)
Different Protections and Purposes
Patent and copyright laws
o Intended to protect inventions and creative works
Trademark laws
o Intended to protect consumers from deceptive and misleading
advertising and marketing practices
Trademark and Patent Office
Issue patent
Copyright and trademark registration
No jurisdiction to resolve IP dispute, court has
"a word, symbol, or device or any combination thereof adopted and used by
a manufacturer or merchant to identify his goods and distinguish them from
those manufactured and sold by others"
May consist of:
o Words, numbers, abstract designs, drawings, slogans, sounds, distinctive
packaging, and virtually anything that can be used to identify the source
or origin of a product or service
Trademark Law
Trademark act of 1946, known as the Lanham Act, governs the law of
trademarks and their registration and provides causes of action that protect
trademark rights from infringement
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