BSLW1022 Chapter Notes - Chapter 10: Ebay, Reverse Engineering, Product Design
Document Summary
Intellectual property laws: intellectual property=work product of the human mind, real estate/real property and personal property do not fall under intellectual property, types . Trademarks-image of a company (goods: service marks-images of goods, trade dress-packaging/appearance of a product. Trademarks, copyrights, and patents are all covered by federal law: exclusive jurisdiction. Trade secrets are protected by state law: trade secrets-non-public process or technology that gives competitive edge. If trade secret becomes public you can seek injunction: sonny bonno copyright extension act. Increased protection length for life +70 years: work-for-hire. This is known as acquired distinctiveness or secondary meaning: generic marks are never registrable because they do not have a capacity to serve as a source identifier. (pg. 198: product design can be protected as trade dress under the lanham act provided a qualified unregistered trademark does not provide all the. 2 protection available to the holder of a registered trademark.
