SMGT 3861 Lecture Notes - Lecture 9: Lanham Act, Trade Dress, Intangible Property
Document Summary
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: patents, copyrights, trademarks, trade secrets, trade dress, right of publicity (state law) Different protections and purposes: patent and copyright laws. Intended to protect inventions and creative works: trademark laws. Intended to protect consumers from deceptive and misleading advertising and marketing practices. Issue patent: copyright and trademark registration, no jurisdiction to resolve ip dispute, court has. Service mark: service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. Trademark and service mark symbol: r registered trademark, tm intent to use application filed for product, sm intent to use application filed for service.
