Editing Intellectual Property Nard/Outline
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=PATENT LAW= | =PATENT LAW= | ||
Patent Provides a right to exclude others from practicing the invention for a term of 20 years. It is a limited monopoly granted in exchange for public disclosure of the invention. The policy behind patent law is to promote “progress. | Patent Provides a right to exclude others from practicing the invention for a term of 20 years. It is a limited monopoly granted in exchange for public disclosure of the invention. The policy behind patent law is to promote “progress.”Types of Patents | ||
* - ''Utility patents'' may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; | * - ''Utility patents'' may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; | ||
* - ''Design patents'' may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and | * - ''Design patents'' may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and | ||
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General Motors Corp. v. Keystone Automotive Industries p. 1224 - General Motors sued Tong Yang and Keystone for trademark infringement, alleging that Tong Yang’s grilles caused a likelihood of post-sale confusion. General Motors alleged that the logo-shaped placeholders on Tong Yang’s grilles were still visible after consumers mounted the Chevrolet and GMC emblems onto the grilles, and the placeholders’ low-quality appearance caused harm to the General Motors brand. | General Motors Corp. v. Keystone Automotive Industries p. 1224 - General Motors sued Tong Yang and Keystone for trademark infringement, alleging that Tong Yang’s grilles caused a likelihood of post-sale confusion. General Motors alleged that the logo-shaped placeholders on Tong Yang’s grilles were still visible after consumers mounted the Chevrolet and GMC emblems onto the grilles, and the placeholders’ low-quality appearance caused harm to the General Motors brand. | ||
==Trademark Dilution== | ==Trademark Dilution== | ||
Protects trademark holders from actions of others that will diminish or dilute mark or goodwill of selling power. These cases do '''not''' involve or require a likelihood of confusion. Instead, the standard is a '''likelihood of blurring''' or a '''likelihood of tarnishment'''. | Protects trademark holders from actions of others that will diminish or dilute mark or goodwill of selling power. These cases do '''not ''' involve or require a likelihood of confusion. Instead, the standard is a''' likelihood of blurring''' or a '''likelihood of tarnishment''' .Criteria | ||
Criteria | |||
* - Distinctive- the ability of the famous mark uniquely to identify a single source and thus maintain its selling power | * - Distinctive- the ability of the famous mark uniquely to identify a single source and thus maintain its selling power | ||
* - Look to above distinctive analysis (Abercrombie Spectrum) | * - Look to above distinctive analysis (Abercrombie Spectrum) | ||
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* - Comply with standard technical measures | * - Comply with standard technical measures | ||
* - Policy terminating accounts of repeat infringers | * - Policy terminating accounts of repeat infringers | ||
* - Upon '''notice''', acts expeditiously to remove or disable access | * - Upon '''notice''' , acts expeditiously to remove or disable access | ||
Notice Requirements:Elements of notification - To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: | Notice Requirements:Elements of notification - To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: |