entertainment business qz. 2
Terms
undefined, object
copy deck
- Whatis a trademark?
- word, phrase, symbol, or design (combination of above) that identifies and distinguishes the source of the goods of one party from those of others.
- What is a service mark?
- same as trademark, except that it identifies and distinguishes the source of a service rather than product
- What is a trade dress?
- refers to the product's look and feel
- How many years is a trademark good for a company? Person?
- 95 years, 70 years after death
- What is intent-to-use?
- can file for a mark up to 3 yrs. in advance of starting your business
- What are the 3 sources of trademark law?
-
1. International Treaties
2.Federal Laws
3. Common Laws
4. state laws - What is classified as mark infringement?
- the mark has created likelihood of confusion about the origin of defendent's goods or services
- What are some examples of fanciful or coined marks?
- Exxon and Kodak
- What are some examples of arbitrary marks?
- apple, mars
- What are some examples of suggestive marks?
- greyhound, sunkist
- Give an example of secondary meaning?
- Xerox used as a term for copying rather than machine.
- What are generic marks?
- protected but will lose protection because name is too general, i.e. monopoly
- What does dilution mean?
- refers to the blurring of a mark by which the connection of the consumers's minds which in turn weakens plaintiff's product
- What does tarnishment mean?
- the defendent's use is unsavory or wohlesome or that the mark is used in connection with inferior products
- Can you trademark a sound?
- Yes. NBC
- How do you keep your trademark from becoming generic?
- do not use verb or generic noun
- What does copyright mean?
- literally means "right to copy"
- When does a copyright exist?
- The moment a work becomes tangible.
- What does RP3D stand for?
-
Reproduce
Perform
Derive
Distribute
Display - How long does a copyright last?
-
company 95 years after it hits market
120 after creation whichever comes first - What does copyright protect?
-
Literary works
muscial works, accompanying words
dramatic works accompanying music
pantomimes and choreographic
pictorial, graphic, and scupltural works
motion pictures
sound recordings
architecture - What does DMCA stand for?
- Digital Millennium Copyright Act
- what is a 'poor man's copyright'?
- mailing yourself a copy of your own work
- can a copyright be transferred and owned seperately?
- yes
- what is work for hire
- work made while working for an employer or work so designated in the contract