1. Chapter 15 Products: Business Intellectual Property
Marianne M. Jennings
Business
Its Legal, Ethical, and Global Environment
10th Ed.
Chapter 15 Products: Business Intellectual Property

2. Intangible Personal Property
Examples
Patents
Copyrights
Trademarks
Trade Names
Trade Dress

3. Patents 20 Years From Filing/14 Years for Design Patent
Exclusive Rights to Use and Profits
Must Be Non-obvious, Novel, and Useful
Using the Idea Without Consent Constitutes Infringement

4. Remedies for Patent Infringement
Case 15.1 eBay, Inc. v. MercExchange, LLC (2006)
The issue of a permanent injunction
How do we balance interest in protecting property rights without depriving the world of new developments and technologies?

5. Copyrights
Protect Authors of Books, Magazine Articles, Plays, Movies, Songs, Dances, Photographs
Protects Against Vicarious Infringement
Third parties who facilitate infringement

6. Copyrights Case 15.2 Sony BMG Music Entertainment v. Tenebaum (2011)
What happens if you are warned against facilitating infringement or are infringing and don’t stop?
What is the school’s liability for use of its server?

7. Copyrights Runs For Lifetime of Author Plus Seventy Years
120 Years From Creation or 95 Years From Publication, Whichever is Shorter, if Company Holds Rights

8. Copyrights Federal Statutes Sonny Bono Copyright Extension Act
Digital Millennium Copyright Act
Computer Software Copyright Act of 1980

9. Copyrights
Works Automatically Copyrighted But No Suits Can be Filed Until the Copyright Office is Given a Copy
Damages Include Profits, Costs, Attorney’s Fees
Fair Use is Permitted—Short Quotes; Research Copies, Criticism, Commentary and Parody

10. Is Parody Fair Use?
Case Campbell v. Acuff-Rose Music, Inc. (1994)
What is the significance of 2 Live Crew’s commercial gain from the parody?
Do you agree with the Court’s decision?
Was it a fair use?

11. Trademarks
Words, Pictures, Designs, or Symbols Used to Identify a Product
Lanham Act of 1946 and Subsequent Amendments Provide Protection
Must Be Unique and Non-generic
Holder Must Maintain Unique Nature
Recent Changes Allow Registration Prior to Use of the Trademark

12. Trademark Dilution
Federal Trademark Dilution Act (an Amendment to the Lanham Act)
Passed in 1996
Protects against dilution of trademarks and includes both profit and non-profit uses

13. Trademark Dilution
Case Moseley, dba Victor’s Little Secret, v. V Secret Catalogue, Inc. (2003)
Were the two names confusing?
What connection do the two companies have?
What does VS have to prove to prevail?

14. Trade Dress Colors, Shapes, and Designs Associated With a Product
Allowing their use is likely to create confusion
Consumer surveys are used to establish whether consumers will be misled
Penalties for Infringement
Civil suits
Criminal penalties

15. Infringement and the Web
Cyber Infringement
Federal Trademark Dilution Act
Applies to Internet
Self-enforcing

16. Intellectual Property Rights
TYPE OF
INTELLECTUAL
PROPERTY
TRADENARKS
COPYRIGHTS
PATENTS
TRADE
SECRETS
Protection
Applicable standard
Where to apply
Duration
Words, names, symbols, or devices used to identify a product or service
Identifies and distinguishes a product or service
Patent and Trademark Office
Indefinite so long as it continues to be used
Original creative works of authorship, such as writings, movies, records, and computer software
Original creative works in writing or another format
Register of Copyrights
Life of author plus 70 years; corporate is 120 years from creation or 95 years from publication of the work
Utility, design, and plant patents
New and nonobvious advances in the art
Utility and plant patents, 20 years from date of application; design patents, 14 years
Advantageous formulas, devices, or compilation of information
Not readily ascertainable, not disclosed to the public
No public registration necessary
Indefinite so long as secret is not disclosed to public

17. Trade Secrets
Customer Lists, Customer Information, Data Processed a Certain Way
Uniform Trade Secrets Act
Protects employers from having former employees take trade secrets to new employer
Industrial Espionage Act
Makes it a federal crime to transfer trade secrets to another

18. International I.P. Issues
Patent Protection
Some countries require opposition proceedings for defense of the patent
Some countries impose working requirements

19. International Trademark
Trademark Protection
Name, symbol, mark, letter, word or figure
Must be registered in United States and other countries for full protection
Protects the goodwill of the firm
Common law countries establish trademark through establishing use and recognition
Now in United States you can register a trademark before you begin using it

20. International Trademark
Trademark Protection
In 1996, EU opened a centralized office for Trademark registration for member states
Provides a one-step registration for all EU countries
1891 Madrid Agreement provides for international registry of trademarks
Effective in all member countries for five years
1929 Pan American Convention provides protection for registered trademarks in all member countries

21. International Trademark
Trademark Protection
Knock-off goods: goods carrying trademarks that are not produced by the trademark holder
Gray market goods: actual trademark goods that are sold without authorization of trademark holder

22. International Trademark
Copyrights
Berne convention membership: registration in one is registration in all
Will be part of WIPO
Simultaneous publication in member country is protected
International standards vary
China’s software piracy
China is on trade watch list because so much software is copied

23. Enforcing Business Rights
Product Disparagement: Defamation for Products/Businesses
Elements
Statement about a business’ reputation, honesty, or integrity that is untrue
Publication
Statement is directed at business with intent to injure
Damages

24. Enforcing Business Rights
Case Bose Corporation v. Consumers Union of the United States, Inc. (1984)
Why is Malice an important part of the case?
What classes of speech are excepted from First Amendment protection?

25. Enforcing Business Rights
Palming Off
Company sells product by leading buyers to believe the product is something else
Examples: Fake Rolex watches; Cabbage Patch dolls
Plaintiff must establish that confusion is likely

26. Enforcing Business Rights
Misappropriation
Protects business trade secrets such as the customer list
Some theft, espionage or bribery must be used to obtain secret information