Trademark and Unfair Comp. Boston College Law School October 12, 2004 Genericism.

Slides:

Advertisements

Similar presentations

Funeral for a Brand: How Trademarks Become Generic.

Advertisements

INTERNATIONAL TRADEMARK ASSOCIATION Global Protection and Enforcement of Trademarks.

Trademark and Unfair Comp.

Unless otherwise noted, the content of this course material is licensed under a Creative Commons Attribution 3.0 License.

Trademark and Unfair Comp. Boston College Law School February 27, 2008 Likelihood of Confusion.

Understanding Trademarks A Global Perspective. Types of Intellectual Property Copyright Patent Industrial Design Utility Model Trademark Trade Name Trade.

Understanding Trademarks A Global Perspective. Types of Intellectual Property Copyright Patent Trademark Service Mark Trade Name Trade Dress Trade Secret.

Trademark and Unfair Comp. Boston College Law School March 19, 2008 False Designation, False Advertising.

Exam I COMING SOON! To a classroom near you! October 12.

Trademark and Unfair Comp. Boston College Law School November 9, 2004 Dilution (cont’d)

N. A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others. Referent.

Trademark and Unfair Comp. Boston College Law School September 21, 2004 Use in Commerce.

Trademark and Unfair Comp. Boston College Law School January 14, 2009 Introduction.

Trademark and Unfair Comp. Boston College Law School February 18, 2009 Genericism, Abandonment.

Intellectual Property Boston College Law School March 25, 2009 Trademark – Priority.

Trademark and Unfair Comp. Boston College Law School March 12, rd-Party Liability, Statutory Defenses.

Intellectual Property Boston College Law School April 18, 2007 Trademark – Defenses - Abandonment.

Intellectual Property Boston College Law School April 25, 2008 Preemption.

Trademark and Unfair Comp. Boston College Law School September 14, 2004 Trade Dress - Part 2.

Trademark and Unfair Comp. Boston College Law School October 19, 2004 Likelihood of Confusion.

Trademark and Unfair Comp. Boston College Law School August 31, 2004 Introduction.

Trademark and Unfair Comp. Boston College Law School April 8, 2009 Dilution.

According to PTO, a trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods.

Intellectual Property

Establishing Protection Intro to IP – Prof. Merges

Trademark and Unfair Comp. Boston College Law School April 2, 2008 Dilution.

Trademark and Unfair Comp. Boston College Law School October 5, 2004 Registration.

Intellectual Property

Intellectual Property Boston College Law School April 4, 2008 Trademark – Priority, Registration.

Trademark and Unfair Comp. Boston College Law School October 28, rd-Party Liability, Statutory Defenses.

Trademark and Unfair Comp. Boston College Law School January 16, 2008 What is a Trademark?

Trademark and Unfair Comp. Boston College Law School March 5, 2008 Types of Confusion, Trademark Use.

Trademark and Unfair Comp. Boston College Law School March 25, rd-Party Liability, Statutory Defenses.

Trademark and Unfair Comp. Boston College Law School April 9, 2008 Domain Names.

Intellectual Property Boston College Law School April 4, 2007 Trademark – Priority, Registration.

Intellectual Property Boston College Law School April 1, 2009 Trademark – Domain Names.

Intellectual Property Boston College Law School April 13, 2007 Trademark – Genericide, Functionality.

Intellectual Property Boston College Law School April 14, 2008 Trademark – Genericide, Functionality.

Trademark and Unfair Comp. Boston College Law School November 4, 2004 Dilution.

Intellectual Property Boston College Law School April 22, 2009 Preemption.

Trademark and Unfair Comp. Boston College Law School November 11, 2004 False Advertising.

Trademark and Unfair Comp. Boston College Law School October 21, 2004 Likelihood of Confusion 2.

Intellectual Property Boston College Law School March 31, 2008 Trademark - Distinctiveness.

Trademark and Unfair Comp. Boston College Law School February 13, 2008 Genericism, Abandonment.

Trademark and Unfair Comp. Boston College Law School October 7, 2004 Bars to Registration.

Trademark and Unfair Comp. Boston College Law School October 14, 2004 Abandonment.

Trademark and Unfair Comp. Boston College Law School September 7, 2004 Distinctiveness.

Trademark and Unfair Comp. Boston College Law School September 9, 2004 Trade Dress - Part 1.

Intellectual Property Boston College Law School March 23, 2009 Trademark - Intro, Subject Matter.

Trademarks A Product of Creativity in Bloom Elexis Jones 2011.

Presented by: PAMELA C. GAVIN A trademark or service mark is any distinctive word, name, symbol or device, used by a person or entity to indicate.

Law 227: Trademarks & Unfair Competition Acquisition, Priority & “LOC” June 9, 2009 Jefferson Scher.

Trademark Law Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta.

7.1 Chapter 7 Trademarks © 2003 by West Legal Studies in Business/A Division of Thomson Learning.

TRADEMARKS. Definition A trademark is any word, name, phrase, symbol, logo, image, device, or any combination of these elements, used by any person to.

Yoon-Sun Cho, Protection of IP Brand & Technology May 29, Global Summit of Women.

Trademarks and Packaging Learning Objectives Explain what a trademark is. Discuss protecting the trademark. Discuss forms of trademarks. Explain.

Introduction to Intellectual Property Class of November Copyright Remedies Trademarks: Protectable Marks, Distinctiveness.

Jody Blanke, Professor Computer Information Systems and Law 1.

Law 227: Trademarks & Unfair Competition What is a Trademark? June 4, 2009 Jefferson Scher.

Trademarks IV Infringement of Trademarks 2 Class 22 Notes Law 507 | Intellectual Property | Spring 2004 Professor Wagner.

To clarify... Constitutional law: dictates power of government and fundamental rights – Copyright/Patent laws stem from Constitution Statutory law: acts.

Law 227: Trademarks & Unfair Competition U.S. Prosecution, Part II June 25, 2009 Jefferson Scher.

Building Brand Recognition Through INTELLECTUAL PROPERTY Protections Libby Busdicker.

Trademark Prevent Misappropriation of Goodwill Prevent Consumer Deception about Source.

Law 227: Trademarks & Unfair Competition Overview June 2, 2009 Jefferson Scher.

Trademark Law1  Oct. 9, 2006  Week 6 Finish Chapter 4 – Registration Start Chapter 5 - Loss of Trademark Rights  Read Pgs , , ;

Fall Trademark Law1  Sept. 11, 2006  Week 3  Chapter 3 - Acquisition of Trademark Rights Reading:  Pgs

Chapter 10: Intellectual Property Issues in Sports

Trade Mark Protection Trade mark.

Presentation transcript:

Trademark and Unfair Comp. Boston College Law School October 12, 2004 Genericism

Bayer v. United Drug 272 F. 505 (S.D.N.Y. 1921) (Hand,J.)

Drug Names Advil (ibuprofen) Zantac (ranitidine) Viagra (sildenafil) Prozac (fluoxetine)

Policy Considerations Distinctiveness Generic Descriptive Suggestive Arbitrary Low High Potential for Confusion Harm to Competition Unprotectible Secondary Meaning Protectible

Other Marks Generic –Thermos –Escalator –Trampoline –Cellophane –Nylon –Yo-Yo Generic? –Velcro –Post-It Notes –Band-Aid –Plexiglas –Kleenex –Frisbee –Realtor

Policing Your Mark

Surveys Thermos Survey –E.g. “if you went into a store to ask for a vacuum-insulated container, what would you ask for?” Teflon Survey –E.g. “is ‘TEFLON a brand name or the name of a type of product?”

AOL v. AT&T 243 F.3d 812 (4th Cir. 2001)

Hypothetical BEST OF BOSTON –Boston Magazine uses term for annual survey –Boston Phoenix wants to conduct similar survey and use term “Boston Phoenix’s Best of Boston List” –Survey: 75% of public associates BEST OF BOSTON w/ Boston Magazine

1-800-GENERIC Number Cases –1-212-MATTRES v MATTRES –1-800-HOLIDAY v H0(zero)LIDAY

Administrative Details Next Assignment –V.B - Abandonment