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Trademark Law in Media
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Service Mark
A service mark is similar to a trademark but specifically identifies and distinguishes the source of a service rather than a product. In media branding, it protects the brand identity of services like streaming platforms or news outlets.
Suggestive Marks
Suggestive marks hint at the nature or a quality of the goods or services without describing them directly. Media brands use suggestive marks like 'Twitter' to evoke characteristics while maintaining protection.
Arbitrary Marks
Arbitrary marks are common words used out of their normal context that have no relation to the product or service offered. Used in media branding, they create strong trademarks, like 'Apple' for electronics.
Trademark Licensing
Trademark licensing allows a trademark owner to permit another party to use the mark while retaining ownership. Media companies often license their brands for merchandise, like T-shirts with a TV show's logo, generating additional revenue.
Acquired Distinctiveness
Acquired distinctiveness (secondary meaning) is when a mark that is not inherently distinctive becomes distinctive through extensive use in commerce. Media brands can achieve this through extensive advertising and presence in the market.
Descriptive Marks
Descriptive marks directly describe the quality, characteristic, function, or geographical origin of goods or services. Media brands often avoid descriptive marks because they're weak and harder to protect unless they acquire distinctiveness.
Concurrent Use
Concurrent use is when two parties can use the same or similar marks in different geographical areas or in different markets. In media branding, this could apply when a local TV station and a distant web service share a similar name without conflict.
Confusingly Similar
A mark is confusingly similar if it is so akin to another company's mark that the average consumer would be likely to confuse the two. Media brands need to ensure their trademarks are distinct to avoid confusing similarity with other entities.
Trademark Assignment
Trademark assignment is the transfer of ownership of a trademark from one entity to another. In media branding, this can occur during acquisitions, where a TV network or magazine might transfer its marks to the new owner.
Trade Dress
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. For media branding, this could include the unique design of a news website or the layout of a TV network's interface.
Lanham Act
The Lanham Act is the primary federal statute governing trademarks, service marks, and unfair competition. It's important for media branding as it provides the legal framework for brand protection and recourse against infringement in the United States.
Cybersquatting
Cybersquatting involves registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. Media brands must monitor and defend against cybersquatting to protect their online identity.
Anticybersquatting Consumer Protection Act (ACPA)
The ACPA is a law designed to combat cybersquatting by allowing trademark holders to sue for the registration of domain names similar to their trademarks. For media companies, this act provides a tool to combat fraudulent online practices affecting their brand.
Trademark
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. In media branding, trademarks are crucial for establishing brand identity and differentiating content from competitors.
Trademark Dilution
Trademark dilution is the weakening of a famous trademark's power due to unauthorized use by others, even if there is no confusion or competition. Media brands that become household names must watch for dilution that could diminish their market power.
Trademark Infringement
Trademark infringement is the unauthorized use of a mark that is identical or confusingly similar to a registered trademark on goods or services. In media branding, this can dilute the brand's strength or mislead consumers about the source of content.
Fair Use Doctrine
The fair use doctrine allows limited use of trademarks without permission when it's for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Media outlets rely on fair use when naming brands in a newsworthy context.
Fanciful Marks
Fanciful marks are invented words created specifically to function as trademarks. In media branding, fanciful marks like 'Netflix' are highly distinctive and offer strong trademark protection.
Likelihood of Confusion
Likelihood of confusion is a standard applied in trademark law to determine if the use of a mark by others is likely to confuse consumers as to the source or affiliation of the goods or services. Media brands must avoid creating logos or names that are too similar to existing ones.
Genericide
Genericide occurs when a trademark becomes generic through popular usage and loses its legal protection. In media branding, if a channel name becomes synonymous with a general type of content, it could risk becoming unenforceable as a trademark.
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