BSLW 1021- Midterm Exam Guide - Comprehensive Notes for the exam ( 18 pages long!)
Document Summary
Under true free enterprise market forces would control everything. Sherman act regulates buying with credit and other charges. Horizontal price fixing: companies agreeing to charge the same price to drive up revenue. Any agreement at all is per se. Trade dress: qualified unregistered trademark, must be distinctive and nonfunctional. If a term is generic you cannot register it for a trademark. As long as there is no secondary meaning created by the brand descriptive terms are not trademarkable (but philidelphia cream cheese is because it made a brand for itself) Can be if it"s imperative like pink insulation. Fair use: criticism, news, teaching and research without permission. American geophysical v. texaco (q13 pg 180) Commercial research for profit, copied storage key and data, not acceptable for entire work adaptable with internet. About a boy - hugh grant just makes money every time his father"s song plays - copyright. Need to have permission and pay royalties.