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Intellectual Property

This review highlights key concepts in trademark law, focusing on priority and concurrent use, referencing Zazu Designs v. L’Oreal. It addresses the definition of trademarks as per the Lanham Act, including elements necessary for protection and registration. The example illustrates how minimal sales and geographical distinctions affect trademark rights. The discussion on secondary meaning explores the criteria for establishing consumer association with a mark, emphasizing its significance in the context of trademark protection and registration under U.S. law.

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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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