1. T®adema®k

2. We Live in a World Where People Own… “You’re Fired!” “That’s Hot”

3. 19-0™ “19-0” “19-0 The Perfect Season” “The Perfect Season”, 2008 – New York Post “18-1” Three Peat® – 1989, Riles & Co. – Byron Scott – Chicago Bulls, '93/'98 – Yankees, 2000 – Lakers, 2002 – Three-Pete™, 2005

4. Duh, Winning®

5. SnookiSnooki®

6. Blue Ivy™

7. T®adema®k Basics 15. U.S.C. 1127: "any word, name, symbol, or device, or any combination thereof... used by a person... to identify and distinguish his or her goods... from those manufactured and sold by others and to indicate the source of the goods, even if that source is unknown." Prevents consumer fraud, counterfeiting, and confusion in the market; source of good/service 15 U.S.C. aka Lanham Act, NOT from US Constitution! DISTINCTIVENESS!!!!!!!!!! Titles (books, films, etc. and character names) Names, celebrity slogans (not copyrightable)

8. Trademarks

9. T®adema®k Basics Cont'd Get trademark protection by: – 1. Registering w/ USPTO, $335 fee + legal fees, 5 th -6 th year renewal and then ever 10 years – 2. Being first to use it in commerce Trademark is an adjective that modifies a noun; NOT a verb or noun (Miller Lite beer, Winston cigarettes, etc., but not “googling” or “take an Aspirin”) You can have the same brand name in different product markets Like copyright, trademark law can be used as a form of censorship and inhibit free speech

10. Types of Ma®ks ® is a federally registered mark ™ is an unregistered mark or common law mark, protected by common law/state law, geographically restricted ℠ is a service mark, used to promote branded services (Comcast Xfinity, UPS, Fedex, Lube It USA, etc.) State registered marks Subject to state and federal laws

11. Losing your ma®k It is up to the ma®k owner to police counterfeits and other ma®k abuses – “brand value” or “equity” You can lose trademark protection through: – 1. abandonment, after 3 years of non-use=can be registered by another; but potentially perpetual – 2. improper licensing or assignment aka “naked licensing”...you must do quality control – 3. genericization=public domain

12. Washington Redskins

13. Lanham Act 1946 15 U.S.C. – Title 15 regulates trade and commerce in U.S., notably anti-trust (competition laws) Primary federal trademark statute Sets requirements for receiving a federal mark Remedies for infringement “likelihood of confusion” test

14. Territoriality Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction. Madrid Protocol: – International application, 84 countries – File once – 10 year renewals – Part of WIPO

15. Trademark Searches USTPO search – Only federal marks.... State of Oregon trademark Oregon state search form – Only marks registered in the state No common law search available

16. Nonconventional T®adema®ks Sound marks (aural marks): NBC chimes, “Sweet Georgia Brown” (Globetrotters theme), “I'm lovin' it” jingle, Law & Order, Metro- Goldwyn-Mayer lion roar Sound marks (aural marks) Color marks Motion marks Hologram marks Shape marks (3D)

17. “Trade Dress” (not utility functions)