BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review (Questions and answers) LATEST UPDATE
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Course
BUL 3310
Institution
BUL 3310
Trademark: Secondary Meaning - ️️Descriptive terms, geographic terms, and
personal names are not inherently distinctive and do not receive protection under the
law until they acquire a secondary meaning.
Examples: London Fog, Johnny Football
Example: Paris can't be protected, but Lancome Pa...
BUL 3310: Intellectual Property and
Trademark Law: Exam 3 Review
Trademark: Secondary Meaning - ✔️✔️Descriptive terms, geographic terms, and
personal names are not inherently distinctive and do not receive protection under the
law until they acquire a secondary meaning.
Examples: London Fog, Johnny Football
Example: Paris can't be protected, but Lancome Paris can be.
To be protected under federal trademark law, - ✔️✔️a trademark must be registered
with the United States Patent and Trademark Office. The trademark can be registered
1) if it is currently in commerce or 2) if the applicant intends to put it into commerce
within six months.
Trademark: Certification Marks - ✔️✔️Used by one or more persons, other than the
owner, to certify the region, materials, mode of manufacture, quality, or other
characteristics of specific goods or services.
Example: "Good Housekeeping Seal of Approval", "Certified Organic"
Trademark - ✔️✔️Distinctive mark, motto, device, or implement that a manufacturer
stamps, prints, or otherwise affixes to the goods it produces so that they can be
identified on the market and their origins made known.
Essentially, a trademark is a... - ✔️✔️source indicator and must be distinctive.
Trademarks have to be registered at... - ✔️✔️the federal level
Lanham Act - ✔️✔️Protects integrity trademarks at the federal statutory level.
Federal Trademark Dilution Act of 1995 - ✔️✔️Protects "distinctive" or "famous"
trademarks and allows trademark owners to bring suit in federal court against
unauthorized uses of an identical or similar mark.
In 2006, Congress further amended the law by passage of the Trademark Dilution
Revision Act (TDRA).
Under the TDRA, a plaintiff must prove the following: - ✔️✔️1) The plaintiff owns a
famous mark that is distinctive
2) The defendant has begun using a mark in commerce that allegedly is diluting the
famous mark
, 3) The similarity between the defendant's mark and the famous mark gives rise to an
association between the marks
4) The association is likely to impair the distinctiveness of the famous mark or harm its
reputation.
Starbucks Corp. v. Lundberg, 2005 WL 3183858 (D. Or. 2005) - ✔️✔️Coffee shop
owner in Oregon operated a business called "Sambuck's Coffeehouse." Starbucks
Corporation filed a lawsuit against the owner of Sambuck's alleging trademark dilution.
The Federal District Court for the District of Oregon held in favor of Starbuck's because
it created confusion for consumers.
Trademarks are not only protected by the actual mark, but also... - ✔️✔️anything
similar to the trademark
Example: If Sambuck's Coffeehouse wasn't a coffeehouse like Starbucks, it would
probably be fine.
What is Kermit the Frog protected by? - ✔️✔️Both trademark and copyright law
-He is a unique character
Fanciful, Arbitrary, and Suggestive Trademarks - ✔️✔️Are inherently distinctive.
Examples: Invented words, such as "Kodak" for photographic products and "Xerox" for a
manufacturer's copies.
Trademark: Generic Terms - ✔️✔️Generally do not receive trademark protection.
Are colors trademarked? - ✔️✔️Yes. But most of the time its combination of colors
because it constitutes trade dress.
In the case of Deere & Co, Inc. v. Farmland, Inc., in 1982 the United States District
Court for the Southern District of Iowa held that the use of green on a tractor by a
competitor of John Deere did not constitute trademark infringement.
Trademark: Service Marks - ✔️✔️Trademark that is used to distinguish the services
(rather than the products) of one person or company from those of another.
Trademark: Collective Mark - ✔️✔️Mark used by members of a cooperative,
association, or other organization.
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