CHAPTER 8: INTELLECTUAL PROPERTY & COMPUTER LAW

I. Infringement of Trademarks, Trade Names, Patents, and Copyright.

A. Introduction. The text uses a term called "passing off" which is falsely inducing buyers to believe that
one product is another.

1. Things included in "Passing Off." Passing off includes Infringement of a trademark, a trade
name, a patent, or a copyright.

B. Infringement of Trademarks and Service Marks.

1. Definition of Trademark. A trademark is special or distinctive mark, logo or device a

manufacturer places on his product to distinguish it from others.

2. Why are trademarks important?

Answer. One of the primary purposes is to distinguish products. This distinction is

important so that customers may make informed decisions.

3. Things that are not Trademarks. Names, words, place that are descriptive are usually not
trademarks and can be used by anyone. Uncommon words may be trademarks.

4. Definition of Service Mark. A service mark is similar to a trademark, but it is used to distinguish
services versus products.

1. Bart Simpson would probably be a service mark.

5. When Does Infringement Occur. Trademark Infringement usually occurs after the trademark or
service mark has been registered and someone attempts to copy it.

a. Vuitton v. Crown Handbags.

(1) Facts. Crown offered for sale and sold to an undercover agent of Vuitton,
handbags which imitated Vuitton's trademark.

(B) Vuitton sued Crown for trademark infringement.

(2) Court's Decision. The court held that Crown was in fact guilty of trademark
infringement and assessed damaged and enjoined Crown from selling the bags in
the future.

(A) The court held that Vuitton would suffer because of loss profits and
customers would suffer because they were purchasing inferior
merchandise.

C. Infringement of Trade Names.

1. Definition of Trade Names. Trade Names are names used to identify a business such as Brooks
Brothers, Aigner, Alexander Julian.

a. The Trade Name is Usually Directly Related to Goodwill. Generally, the Trade Name is
directly related to the good will of the business. This happens when the Company
establishes a reputation of providing top products or services.

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