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Intellectual Property

Intellectual Property. Boston College Law School April 2, 2008 Trademark – Priority. Example - Review. Requirements. Lanham Act § 45 (15 U.S.C. § 1125) Trademark. The term “trademark” includes any word, name, symbol, or device , or any combination thereof - (1) used by a person , or

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Intellectual Property

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  1. Intellectual Property Boston College Law School April 2, 2008 Trademark – Priority

  2. Example - Review

  3. Requirements • Lanham Act § 45 (15 U.S.C. § 1125) • Trademark. The term “trademark” includes any word, name, symbol, or device, or any combination thereof - • (1) used by a person, or • (2) which a person has a bona fide intention to use in commerce and applies to register … • to identify and distinguish his or her goods … from those manufactured or sold by others and to indicate the source of the goods ….

  4. Zazu Designs v. L’Oreal L’Oreal Zazu Designs Nov. Jan. Mar. May. Jul. Sep. • Nov. – Minimal Sales • 2 bottles to friend in TX • 40 bottles to stylist in FL Orders 25,000 bottles & labels Apr. – Small interstate shipment Jun. – Files for registration of mark Sep. – Sales to salon customers

  5. Concurrent Use • Two types of concurrent use • Different Products • E.g. Apple Records and Apple Computers • E.g. Delta Faucets and Delta Airlines • E.g. Acme Cleaners, Acme Mufflers, Acme ... • Different Geographic Markets • E.g. Broadway Pizza (Boston) and Broadway Pizza (S.F.)

  6. Concurrent Use - No Reg. Broadway Pizza (MA) Broadway Pizza (CA)

  7. Concurrent Use - Fed. Reg. Broadway Pizza (MA) Broadway Pizza (CA)

  8. Secondary Meaning 50% Achieved Secondary Meaning Consumers who Assoc. Secondary Meaning in the Making 0% Start Use No Protection Time

  9. Administrative • Next class • Read Through VI.C.4 – Incontestability

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