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This is an accepted version of this page This is the accepted version, checked on 13 February 2025. There are template/file changes awaiting review. Ownership of creative expressions and processes "Intellectual Property" redirects here. For the film, see Intellectual Property (film). For the Waterparks album, see Intellectual Property (album). Intellectual property Authors' rights Copyleft ...
Trademark protection depends on use in commerce, not registration. Both registered and non-registered trademarks are eligible for protection under the Lanham Act. However, registration (on the "Principal Register") affords several advantages: Nationwide trademark rights; A registered mark is presumed to be a valid trademark
There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one of the following:
An unregistered trademark may receive protection under the federal "Lanham Act" (15 USC § 1125), which includes prohibition against commercial misrepresentation of source or origins of goods. Unlike other trademark statutory provisions, a claim under the Lanham Act may permit a party to recover attorneys' fees and costs. [12]
Trademark infringement occurs when a trademark is used by someone who does not hold that trademark in a way that causes actual confusion or a likelihood of confusion between the marks. Specifically, the Act prohibits the use of marks that are "likely to cause confusion, or to cause a mistake, or to deceive".
When the aesthetic development of the good is intended to enhance the design and make the product more commercially desirable, trademark protection may be denied because the consumer is drawn to the design. The distinctiveness of the mark serves to identify the product rather than the source, and trademark protection becomes inappropriate.
For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the 'trade dress' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from ...
This condition of industrial production is a notable difference between industrial design protection and copyright, since the latter concerns only aesthetic creations. However, in some cases, industrial designs may qualify for protection under copyright, for example where the design can be categorized as a work of applied art. [13]
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