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Subject matter of copyright - Resatement of Unfair Competition

Subject matter of copyright - Resatement of Unfair Competition

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Published by George Conk
black letter rules 9 - 17 Restatement of the Law of Unfair Competition
black letter rules 9 - 17 Restatement of the Law of Unfair Competition

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Categories:Types, Business/Law
Published by: George Conk on Apr 02, 2012
Copyright:Attribution Non-commercial

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04/02/2012

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1
ESTATEMENT
 
OF
 
THE
L
AW
, 3
RD
U
NFAIR 
C
OMPETITION
(1995)
S
UBJECT
 
MATTER 
 
OF
 
TRADEMARK 
 
LAW
§ 9 DEFINITIONS OF TRADEMARK AND SERVICE MARK 
A trademark is a word, name, symbol, device, or other designation, or a combination of such designations, that is distinctive of a person's goods or services and that is used in amanner that identifies those goods or services and distinguishes them from the goods orservices of others. A service mark is a trademark that is used in connection with services.§ 12 D
EFINITION
 
OF
T
RADE
N
AME
A trade name is a word, name, symbol, device, or other designation, or a combination of such designations, that is distinctive of a person's business or other enterprise and that isused in a manner that identifies that business or enterprise and distinguishes it from thebusinesses or enterprises of others.§ 13 D
ISTINCTIVENESS
; S
ECONDARY
M
EANING
A word, name, symbol, device, or other designation, or a combination of such designations,is "distinctive" under the rules stated in §§ 9-12 if:(a) the designation is "inherently distinctive," in that, because of the nature of thedesignation and the context in which it is used, prospective purchasers are likely to perceiveit as a designation that, in the case of a trademark, identifies goods or services produced orsponsored by a particular person, whether known or anonymous, or in the case of a tradename, identifies the business or other enterprise of a particular person, whether known oranonymous, or in the case of a collective mark, identifies members of the collective group orgoods or services produced or sponsored by members, or in the case of a certification mark,identifies the certified goods or services; or(b) the designation, although not "inherently distinctive," has become distinctive, in that, asa result of its use, prospective purchasers have come to perceive it as a designation thatidentifies goods, services, businesses, or members in the manner described in Subsection (a).Such acquired distinctiveness is commonly referred to as "secondary meaning."§ 14 D
ESCRIPTIVE
, G
EOGRAPHIC
,
AND
P
ERSONAL
N
AME
D
ESIGNATIONS
A designation that is likely to be perceived by prospective purchasers as merely descriptiveof the nature, qualities, or other characteristics of the goods, services, or business with whichit is used, or as merely geographically descriptive of their origin or location, or as thepersonal name of a person connected with the goods, services, or business, is not inherentlydistinctive under the rule stated in § 13(a). Such a designation is distinctive only if it hasacquired secondary meaning under the rule stated in § 13(b).§ 15 G
ENERIC
D
ESIGNATIONS

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