Trademarks and Service Marks Trademark is any name

Trademarks and Service Marks Trademark is any name, word, symbol, or device adopted and used by a manufacturer to identify its goods and distinguish them from other products sold by others. l Infringement occurs when a business or individual uses another; s trademark in connection with a similar product without permission. l

Proving Infringement l l l P must prove: 1) ownership of distinctive mark or name, and 2) that defendants use of mark is likely to cause confusion. Proving likelihood of confusion: 1) actual confusion or 2) by evidence establishing a strong potential for confusion. Gilbert/Robinson, Inc. Penalties for violations – injunction, return of profits diverted from the trademark owner, and fines. Geographic Proximity – if businesses are not in close proximity, the second may use name, x/c where second used it to benefit from first’s reputation. Descriptive terms and public domain.

Infringement Trademark Registration – not necessary; can obtain a trademark in its name or logo simply by using it in connection with its business. l Law is found in the Federal Statute called the Lanham Act l Holiday Inns, Inc. v. Holiday Inn l Cybersquatting- Mashantucket Pequoe Tribe l

Copyright Exclusive right of an author or other copyright owner to reproduce and license the reproduction of literature, art, music, drama, sculpture, motion pictures, computer software, and other audiovisual work. l Copyright comes into existence when the work is created – no longer requirement of copyright notice l

Copyright l l l Illegal Satellite Reception – Entertainment by J & J, Inc. Music Performances – duty of restaurant or bar to get permission. 2 main organizations collect copyright fees for members. Royalty is the payment made to the composer for the sale or performance. BMI, Inc. v. Miller Radio Music – Cass Cnty Music Company

Antitrust Sherman Antitrust Act l 2 rules used : Per Se Violations (pricefixing, group boycott – US v. Hilton Corp. , etc. ) and Rule of Reason (Territorial restrictions, tying arrangements, monopoly – Elliot v. The United Center, etc). l Penalties l

Franchising Conveying Right to Operate Business in a Like Manner l Franchisee is an Independent Business Person l Franchisor Does Not Guarantee Success l Franchisor not liable for the acts of a franchisee. l

Franchising Franchisee should get an exclusive territory – or suffer encroachment l First Example - 1907 Caesar Ritz Allowed Name to be Used on Hotels in New York, Montreal, Boston, Lisbon, and Barcelona l

Franchising Disclosure Requirements for Franchisors – presented in a prospectus l Adherence to Chainwide Standards – Tying Arrangements – Queens City Pizza Inc. l

Regulation of Hotel and Restaurant Internal Affairs Guest Registers – assists in criminal investigations; finding wanted persons; appraise business by looking at occupancy rates. l Rates – maximum rates must be posted conspicuously and hotel must abide by them l

Licensing and Zoning l l l Licensing – governed by state or local govt; requires business to obtain various licenses and permits before opening for business. Police power – authority of govt to adopt laws that further public welfare and safety. Grounds for denial – Mc. Donalds Corp. ; Oronoka Restaurant, Inc. ; In Re Cadillac Jacks Due Process Zoning – process by which govt can restrict the ways property owners are entitled to use their land. Variance is permission from the local govt to deviate from the restrictions of zoning.