Lindsey Wilson College Business Law Issues in Cyber Law Discussion

Discussion Question:

What types of works are exempt from copyright protection? Give specific examples of websites that have content that are not protected by copyright law.

Chapter 3:
Trademarks in E-Commerce
12
Cyberlaw: The Law of the Internet and Information
Technology
1st Edition
Brian Craig
Class Name
Instructor Name
Date, Semester
LEARNING OBJECTIVES
After this lecture, you should:
12
3.1
Explain and define a trademark under the
Lanham Act
3.2
Explain the scope of trademark protection for
Internet content, software and other technologyrelated products and services.
3.3
Describe the marking requirements for
trademarks, particularly for online content.
Class Name
Instructor Name
Date, Semester
Cont’d
LEARNING OBJECTIVES
After this lecture, you should:
12
3.4
Explain the likelihood-of-confusion test for
trademark infringement actions.
3.5
Explain the purpose of the Anticybersquatting
Consumer Protection Act of 1999 (ACPA) and the
Trademark Dilution Revision Act of 2006 (TDRA)
Class Name
Instructor Name
Date, Semester
Learning Objective
After this lecture, you should be able to:
3.1
Explain and define a trademark
under the Lanham Act.
5
3.1
Lanham Act
•
Lanham Act: Federal statute found in Title 15
United States Code, that governs trademarks
•
Trademark: any word, name, symbol, or
device, or any combination thereof used to
identify and distinguish one’s goods from those
manufactured or sold by others to indicate the
source of the goods
Learning Objective
After this lecture, you should be able to:
3.2
Explain the scope of trademark
protection for Internet content,
software and other technologyrelated products and services.
7
3.2
Examples of Trademarks
•
AIM, You’ve Got Mail, Bing
•
“Buddy List” – dispute between AOL and AT&T
3.2
Non-Generic Trade Names
•
A generic term cannot be registered as a
trademark
•
In re Hotels.com: “HOTELS.COM” was to generic
to receive trademark protection
9
3.2
Trademark Duration
•Each registration remains in force for 10 years
– May be renewed for another 10 years
•Provided the trademark continues to be used in
commerce, trademark protection may last
indefinitely
10
3.2
Trademark Registration
•Registration with the U.S. Patent and Trademark
Office (USPTO)
•Application with Trademark Electronic Application
System (TEAS)
•Official Gazette and Principe Register
11
Learning Objective
After this lecture, you should be able to:
3.3
Describe the marking
requirements for trademarks,
particularly for online content.
12
Marking Requirements for
Registered Trademarks
3.3
•
“®”
•
“Registered, U.S. Patent and Trademark
Office” or
•
“Reg. U.S. Pat. & Tm. Off.”
3.3
Marking Requirements for
Unregistered Trademarks
•
Unregistered marks: not governed by federal
regulations
– May be governed by local, state, or foreign
laws
•
Unregistered marks: “TM”
– Trademark
•
Unregistered marks: “SM”
– Service mark
14
Learning Objective
After this lecture, you should be able to:
3.4
Explain the likelihood-ofconfusion test for trademark
infringement actions.
15
3.4
Likelihood of Confusion Test
Factors
•
Degree of similarity between the marks
•
Intent of the alleged infringer in using the mark
•
Evidence of actual confusion
•
Similarity of products and manner of marketing
•
Degree of care likely to be exercised by
purchasers
•
Strength or weakness of the marks
3.4
Likelihood of Confusion Test
•Plaintiff bears burden of proving by a
preponderance of the evidence that likelihood of
confusion exists
•Surveys of customers often used to show
consumer confusion
17
Learning Objective
After this lecture, you should be able to:
3.5
Explain the purpose of the
Anticybersquatting Consumer
Protection Act of 1999 (ACPA)
and the Trademark Dilution
Revision Act of 2006 (TDRA)
18
3.5
Anticybersquatting Consumer
Protection Act of 1999 (ACPA)
•
Federal law authorizing a trademark owner to
obtain a federal-court order transferring
ownership of a domain name from a
cybersquatter to the trademark owner
•
Purpose of the ACPA: prevent cybersquatting
•
Registering a domain name with the intent to
sell it to the trademark owner is presumptively
an act of bad faith
3.5
Trademark Dilution Revision Act
(TDRA)
•
Law passed by Congress in 2006 to overturn
holding of U.S. Supreme Court in Mosley v. V
Secret Catalogue, Inc. which required plaintiffs
to establish proof of “actual dilution”
•
Now under TDRA: plaintiff needs to only
establish a “likelihood of dilution” and not
“actual dilution”
Chapter Summary
12
3.1
Explain and define a trademark under the
Lanham Act
3.2
Explain the scope of trademark protection for
Internet content, software and other technologyrelated products and services.
3.3
Describe the marking requirements for
trademarks, particularly for online content.
Class Name
Instructor Name
Date, Semester
Cont’d
Chapter Summary
12
3.4
Explain the likelihood-of-confusion test for
trademark infringement actions.
3.5
Explain the purpose of the Anticybersquatting
Consumer Protection Act of 1999 (ACPA) and the
Trademark Dilution Revision Act of 2006 (TDRA)
Class Name
Instructor Name
Date, Semester