Intellectual Property e-Learning ToolKit™

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		Trademarks and Copyrights
40		Trademarks		47 Videos
		Modules (~3 to 13 minutes)	Info	Duration
40-1		What is a Trademark?	What is a trademark? Why is it useful for a company to have trademarks? How does a trademark compare to a business name? What are the practical distinctions between domain names and trademarks?	8:16
40-2		What is Inherent Distinctiveness of a Trademark?	We start with the basic mentality of getting a trademark. What is distinctiveness and why is it important to getting a Trademark? How do we assess the distinctiveness of your mark? What is inherent distinctiveness and actual distinctiveness? What are Fanciful, Arbitrary, Suggestive, Descriptive, and Generic Trademarks?	11:24
40-3		What is Actual Distinctiveness of a Trademark?	What is actual distinctiveness? How distinctive is your mark relative to other marks in the marketplace? What is the difference between a registered and non-registered mark?	5:43
40-4		What is Trademark Infringement?	How do you infringe a trademark? What is likelihood of confusion to source? What are some basic steps you can take to avoid trademark infringement?	13:31
40-5		Benefits of a US Federal Trademark Registration	In this module, we will discuss the benefits of obtaining a US federal trademark registration; such as the use of a Circle R, geographic enforceability, registration with US Customs and Border Protection, bringing actions in federal court, and inclusion in trademark databases.	2:51
40-35		The Use of Trademarks in Marketing Material	A discussion of how marketing trademarked products can decrease, or even eliminate, the value of the trademark on those products. This module also includes three tips for protecting your trademarks as you market your goods.	6:12
40-36		Trademark Dilution	A discussion of trademark dilution. This includes why trademark dilution can only happen to particularly famous trademarks, the two ways trademark dilution happens, the difference between dilution and infringement, and the various costs of litigation.	5:41
40-37		What is a Trademark Clearance Search?	A discussion of trademark clearance searches. This includes why trademark clearance searches are so important, the jurisdictional nature of trademarks, types of trademarks, and how to begin a trademark clearance search.	4:54
40-38		Considerations for Trademark Usage in Multiple Languages	A discussion of trademarks. This includes what can be protected by trademarks, as well as notable examples of how language barriers can impede the commercial success of trademarked goods.	3:01
40-39		Avoid Product Packaging that Diminishes Your Trademark	A discussion of do’s and don’ts for the packaging and display of trademarked goods. This includes advice regarding what information to include on the packaging, avoiding the use of stickers, the importance of accuracy, focusing on target consumers, and ease of access.	5:25
40-40		How to Keep a US Trademark Alive	A discussion of three steps for preventing trademark protections from expiring. This includes how to use your trademark, what documents to submit and when, and what fees to pay and when.	9:47
40-41		When Is Non-Use of a US Trademark Excusable?	A discussion of the six circumstances in which US trademark protections can be kept in place even after the trademark is no longer used in commerce. In addition, this module covers the six circumstances in which non-use of a US trademark in commerce will result in the expiration of the trademark.	3:28
40-42		How to Keep an EU Trademark Alive	A discussion of how to renew a trademark in the EU. This includes a timeframe, fees, late renewal, and goods deletion.	2:24
40-43		What is a TM Clearance Search, and How to Conduct One?	A discussion of trademark clearance searches. This includes when, why, and how to conduct a trademark clearance search, the country- and industry-specific aspects of trademark searches, as well as the importance of consumer confusion and common law rights.	10:36
40-44		Trademark Fair Use		4:56
40-45		Insignias Under the Fastener Quality Act		7:26
40-46		When It Comes to Trademark Rights It’s Use It or Lose It		4:56
40-47		Trademark Specimens		4:31
		Micro Modules (~1 to 2 minutes)		Duration
40-6		What is a Trademark?	A brief explanation of what trademarks are and what they can protect.	0:30
40-7		What is the Duration of a US Trademark?	A brief discussion of how to ensure the longevity of a US trademark.	0:42
40-8		What Are the Advantages of a US Trademark Registration Versus Common Law Trademark Rights?	A brief discussion of five key benefits proprietors of federally registered trademarks enjoy that owners of mere common law trademarks do not.	1:16
40-9		Can Sounds be Protected as US Trademarks?	A brief discussion of examples of sounds protected by US trademarks.	0:47
40-10		Can Colors be Protected by US Trademarks?	A brief discussion of the key step to obtain US trademark protection on colors.	1:10
40-11		Can You Get a US Trademark on a Scent?	A brief discussion of the two legal requirements for obtaining US trademark protection on a scent.	0:50
40-12		Can the Shape of a Product be the Subject of Trademark Protection?	A brief discussion and example of how shapes can be protected by trademarks.	0:45
40-13		What’s the Difference Between a Trademark and a Business Name?	A brief explanation of the distinction between the function and purpose of business names versus the function and purpose of trademarks.	1:06
40-14		What’s the Difference Between a Trademark and a Domain Name?	A brief explanation of the distinction between the function and purpose of domain names versus the function and purpose of trademarks.	0:48
40-15		Is it Necessary to Use a Trademark in Commerce?	A brief explanation of why usage of a trademarked good is crucial for maintaining the trademark on that good.	0:49
40-16		What is Trademark Distinctiveness?	A brief explanation of the legal definition and importance of trademark distinctiveness, and of actual and inherent distinctiveness.	0:54
40-17		What Are the Categories of Inherent Distinctiveness for Trademarks?	A brief discussion of the five categories of inherent trademark distinctiveness, with examples.	1:42
40-18		What is Actual Distinctiveness of a Trademark?	A brief explanation of actual trademark distinctiveness.	0:33
40-19		What Are the Factors Typically Considered in Determining Actual Distinctiveness of a Trademark?	A brief discussion of the five most important factors for determining a trademark’s actual distinctiveness.	1:10
40-20		When Can You Use a Circle R in Connection with Your Trademark?	A brief explanation of when it is appropriate to mark your trademarked product with the Circle R versus when to mark your product with a TM.	0:22
40-21		What Are the two Main Causes of Action for Trademark Infringement?	A brief discussion of the two main causes of action for trademark infringement.	0:17
40-22		What is a Cause of Action for Trademark Infringement Based Upon Likelihood of Confusion?	A brief explanation and example of trademark infringement litigation based upon likelihood of confusion.	0:55
40-23		What is a Cause of Action for Trademark Infringement Based Upon Dilution?	A brief explanation and examples of trademark infringement litigation based upon dilution.	1:11
40-24		What Factors Are Typically Considered in a Trademark Infringement Analysis Based Upon Likelihood of Confusion?	A brief discussion of five factors that are typically considered in a trademark infringement analysis based upon likelihood of confusion.	1:26
40-25		Why Are Trademarks Important to a Company?	A brief discussion of the various ways trademarks generate new value for their proprietors.	0:53
40-26		How Expensive is Trademark Infringement Litigation?	A brief discussion of the various costs, economic and otherwise, associated with trademark infringement litigation.	0:57
40-27		Who Are the Plaintiff and Defendant in a Trademark Infringement Litigation?	A brief explanation of the parties involved in trademark infringement litigation.	0:25
40-28		What Kinds of Things Do Trademarks Protect?	A brief discussion of the various types of creations that can be protected by trademarks.	0:39
40-29		What is the Difference Between a US Trademark Application and a US Trademark?	A brief discussion of the three main benefits of having a formal US trademark registration, rather than a common law trademark.	1:12
40-30		What Are the Requirements for Getting a US Trademark?	A brief discussion of the requirements for obtaining and maintaining a US trademark.	1:16
40-31		Can a Product be Protected by More than One Trademark?	A brief discussion and example of how a single product can be protected by multiple trademarks.	0:43
40-32		What is a US Trademark License?	A brief discussion of trademark rights, the limits of these rights, and how licensing rights fit into this dynamic.	1:23
40-33		Can a Trademark be Bought or Sold?	A brief discussion of how trademarks can be bought or sold, and how these sold rights can be lost.	0:26
40-34		Can a Trademark Application be Bought or Sold?	A brief discussion of how trademark applications can be bought or sold, and how the rights stemming from these applications can be lost.	0:29

45		Trade Dress		8 Videos
		Micro Modules (~1 to 5 minutes)	Info	Duration
45-1		What is Trade Dress?	We provide a brief overview of Trade Dress in terms of their benefits and comparison with trademarks.	5:18
45-2		The Trade Dress Functional Prohibition	We provide a breif description of the “Funcational” prohibition associated with Trade Dress with two examples.	3:21
45-3		Look for Advertising to Support Trade Dress Enforcement	We provide a brief description of the importance of “Look For” advertising to establish Trade Dress rights.	1:15
45-4		Trade Dress Examples	The best way to understand Trade Dress is with examples. So, we provide six examples of actual Trade Dress.	5:11
45-5		What is the Difference Between Trade Dress and a Design Patent?	We provide a brief comparison of Trade Dress and Design patents.	2:45
45-6		What is the Difference Between Trade Dress and Trademarks?	We provide a brief comparison of Trade Dress and Trademarks.	1:11
45-7		Can Functional Aspects of Products be Protected by Trade Dress?	We provide a brief description of the functional prohibition in connection with Trade Dress.	1:13
45-8		Acquired Distinctiveness in Trade Dress	A look at trade dress distinctiveness. When is it inherent, and when is it acquired or earned?	5:18

47		Anti-Counterfeiting of Intellectual Property		25 Videos
		Modules (~1 to 10 minutes)		Duration
47-1		An Overview of Counterfeiting	A discussion of the differences between counterfeiting, pirating, and knocking-off. In addition, this module discusses three reasons why everyone should care about counterfeiting, as well as laws and treaties on pirating, counterfeiting, and knocking-off.	9:24
47-2		Introduction to Counterfeiting	A discussion of the three main problems with counterfeit goods and why everyone should care about counterfeiting. In addition, this module briefly discusses some of the penalties for counterfeiting.	3:15
47-3		Counterfeit Goods vs. Knockoffs	A discussion of some of the key differences between a knock-off good and a counterfeit good. This module also briefly discusses the adverse effects of both types of goods on the marketplace.	2:11
47-4		Counterfeit Goods vs. Pirated Goods	A discussion of some of the key differences between a pirated good and a counterfeit good. This module also briefly discusses why pirated goods are generally less damaging to the marketplace than counterfeit goods can be.	2:21
47-5		Counterfeiting vs. Trademark Infringement	A discussion of the differences between trademark infringement and counterfeiting. This includes an explanation of why counterfeiting has greater economic risks than trademark infringement does.	2:35
47-6		Counterfeiting vs. Patent Infringement	An explanation of the differences between patent infringement and counterfeiting. This includes a breakdown of utility and design patents, as well as a hypothetical scenario of patent infringement.	2:21
47-7		Counterfeiting vs. Copyright Infringement	A discussion of the differences between copyright infringement and counterfeiting. This includes a hypothetical scenario to show when counterfeiting can also become copyright infringement.	1:50
47-8		Trafficking in Counterfeit Goods or Services (US)	A discussion of American laws on trafficking in counterfeit services or goods. This includes a listing of the four types of conduct that violate these laws, as well as a brief discussion of laws on conspiring or attempting to traffic in counterfeit goods or services.	2:07
47-9		“Counterfeit Marks” under the US Offense of Trafficking in Counterfeit Goods or Services	A discussion of American laws on counterfeit trademarks. This includes a listing of the four criteria of spurious trademarks, the six types of spurious designations, and some exceptions to the rule on spurious designations.	3:45
47-10		Penalties for Trafficking in Counterfeit Goods or Services (US)	A discussion of the potential legal penalties for violating US laws on trafficking in counterfeit services or goods. This includes penalties for both initial and subsequent offenses, as well as a discussion of three special categories that can lead to heightened penalties. Additionally, this module discusses circumstances in which violation of counterfeit trafficking laws can result in the forfeiture of offenders’ personal property.	3:31
47-11		Trafficking in Counterfeit Goods or Services	A discussion of victim impact statements related to the violation of American laws on trafficking in counterfeit goods or services. This includes when these statements should be submitted, what information should be contained in these statements, and what types of victims are permitted to submit these statements.	1:07
47-12		“Trafficking” under the US Offense of Trafficking in Counterfeit Goods or Services	A discussion of the two types of conduct that violate American laws on trafficking in counterfeit goods or services.	1:00
47-13		What is a Counterfeit Military Good or Service in the US?	A discussion of the two conditions for trafficking goods or services that violate American laws on trafficking counterfeit military goods or services.	1:21
47-14		Transshipment and Exportation of Counterfeit Goods or Services under Section 42 of the US Lanham Act	A discussion of the United States Lanham Act as it applies to the transshipment and/or exporting of counterfeit goods. This includes a discussion of the five categories of goods that cannot be transshipped or exported under the Act, exceptions to this rule, methods the Act provides for the disposal of prohibited goods, and civil penalties for violating the Act.	4:04
47-15		Civil Damages for Intentional Use of a Counterfeit Trademark under the US Lanham Act	A discussion of the potential civil penalties courts can impose on trademark infringers and the situations in which particularly harsh penalties may be imposed. This module also discusses the potential statutory damages plaintiffs in trademark infringement litigation may pursue.	2:15
47-16		Trafficking in Counterfeit Labels, Illicit Labels, or Counterfeit Documentation or Packaging (US)	A discussion of the US law on trafficking in counterfeit or illicit labels, or counterfeit documentation of packaging. This module includes explanations of the two elements of this offense and the situations and circumstances that satisfy these elements.	2:58
47-17		Penalties and Remedies for Trafficking in Counterfeit Labels, Illicit Labels, or Counterfeit Documentation or Packaging (US)	A discussion of the criminal and civil penalties for violating US laws on trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging. This includes a breakdown of actual damages, statutory damages, and the potential forfeiture or destruction of offenders’ property.	2:47
47-18		Anti-Counterfeit Measures under EU Regulation 608-2013	A discussion of the European Union’s anti-counterfeiting Regulation, 608/2013. This module includes the purposes of the regulation, the five ways this regulation achieves its purpose, the three exceptions to this Regulation, and issues of national sovereignty.	3:27
47-19		“Counterfeit Goods” under EU Regulation 608-2013	A discussion of the three general categories of goods considered counterfeit under EU Regulation 608/2013 and the specific conditions in which each of these categories of goods violate the Regulation.	2:18
47-20		“Geographical Indications” under EU Regulation 608-2013	A discussion of the six designations or indications that are considered counterfeit under the geographical indication provisions of EU Regulation 608/2013.	1:50
47-21		“Pirated Goods” under EU Regulation 608-2013	A discussion of the two components EU Regulation 608/2013’s definition of pirated goods.	1:00
47-22		“Goods Suspected of Infringing an Intellectual Property Right” under EU Regulation 608-2013	A discussion of the definition of goods suspected of infringing intellectual property rights under EU Regulation 608/2013. This module also discusses the three categories of goods that violate this aspect of the Regulation.	1:43
47-23		Counterfeiting under the TRIPS Agreement	A discussion of the provisions of the TRIPS Agreement related to international counterfeiting and pirating. This includes an explanation of the three main features of the Agreement, as well as four concepts for combating copyright infringement.	3:17
47-24		“Counterfeit Trademark Goods” under the TRIPS Agreement	A discussion of the four elements of the TRIPS Agreement’s definition of counterfeit trademark goods.	1:13
47-25		“Pirated Copyright Goods” under the TRIPS Agreement	A discussion of the two elements of the TRIPS Agreement’s definition of pirated copyright goods.	1:06

50		Copyrights		49 Videos
		Modules (~3 to 8 minutes)	Info	Duration
50-1		Copyright Fundamentals	What are copyrights? What aren’t copyrights? What materials are available for copyright protection? What does a copyright give you the right to do? What are the exceptions of those rights? What is Fair Use? Do you need a federal copyright registration to have a valid copyright? What’s the life of a copyright registration?	8:32
50-2		Beware of Copying Images from the Internet	This program describes IP risks associated with using digital images and videos from the web in connection with things like websites, presentations, publications, and brochures. Simply, just because you are able to copy an image or video from the web, it doesn’t mean you are legally permitted to do so, and the penalties can be severe.	6:42
50-21		Advantages of a US Federal Copyright Registration	A brief discussion of the four main incentives the US government has created to encourage people to file for copyright registration.	3:04
50-22		Copyright Ownership in the US	A brief discussion on the rules for copyright ownership for independent authors, employees, and contractors.	3:09
50-24		Copyright Issues in Connection With Software	A discussion of copyright issues relating to software. This includes an explanation of the limits of copyright protections, three steps for protecting software you own, what to do and avoid doing when working with software you do not own, and the jurisdictional nature of copyrights.	2:52
50-32		Can You Infringe a Copyright by Sending or Posting a Hyperlink (US)	A discussion of US copyright law relating to hyperlinks. This includes an explanation and examples of the three types of secondary copyright infringement.	4:11
50-33		Can You Infringe a Copyright by Sending or Posting a Hyperlink (EU)	A discussion of EU copyright law relating to hyperlinks. This includes an explanation of the four factors EU courts use to determine if hyperlinks to copyrighted works constitute copyright infringement, plus four hypothetical scenarios.	7:56
50-34		Secondary Copyright Infringement (US)	A discussion of US law on secondary copyright infringement. This includes a breakdown of the three types of secondary copyright infringement, as well as the elements of each of these types.	4:01
50-35		What is a Copyright? (UK)	A discussion of US law on secondary copyright infringement. This includes an explanation of the three main forms of secondary copyright infringement and the elements of each of these forms.	4:23
50-36		Who Owns the Copyrights to an Employee’s Work in France?	A discussion of UK laws regarding copyrights. This includes an explanation of the exclusive rights copyrights provide, types of copyright infringement, as well as exceptions to copyright protections.	2:47
50-37		Who Owns the Copyrights to an Employee’s Work in Germany?		3:14
50-38		Who Owns the Copyrights to an Employee’s Work in the United Kingdom?		2:10
50-39		Who Owns the Copyrights to an Employee’s Work in the Netherlands?		2:18
50-40		Who Owns the Copyrights to an Employee’s Work in Belgium?		3:03
50-41		Who Owns the Copyrights to an Employee’s Work in Switzerland?		3:01
50-42		Who Owns the Copyrights to a Contractor’s Work in France?		2:26
50-43		Who Owns the Copyrights to a Contractor’s Work in Germany?		2:21
50-44		Who Owns the Copyrights to a Contractor’s Work in the United Kingdom?		2:29
50-45		Who Owns the Copyrights to a Contractor’s Work in the Netherlands?		1:46
50-46		Who Owns the Copyrights to a Contractor’s Work in Belgium?		2:27
50-47		Who Owns the Copyrights to a Contractor’s Work in Switzerland?		2:33
50-48		Music Rights Clearance		6:26
50-49, 360-2		Who Owns Copyrights for AI Generated Material?		6:26
		Micro Modules (~1 to 2 minutes)		Duration
50-3		What is a Copyright?	A brief explanation of what copyrights are and what they do and do not protect.	1:06
50-4		How Long Does a US Copyright Last?	A brief discussion of the longevity of copyrights for copyrightable works from before January 1, 1978, joint works by two or more authors, works made for hire, and anonymous works.	0:48
50-5		Do You Need a US Federal Copyright Registration to Have a Valid Copyright?	A brief discussion of copyright protection with and without a federal copyright registration.	0:32
50-6		What Are the Advantages of a US Copyright Registration?	A brief discussion of the five main benefits proprietors of US copyright registrations enjoy that owners of copyrightable material without such registrations do not have.	1:11
50-7		What is the Fair Use Exception to Copyright Laws?	A brief explanation of the Fair Use exception to copyright protections, including what this exception does and does not cover.	1:00
50-8		How is Copyright Ownership Determined?	A brief discussion of the three ways copyright ownership is determined.	0:51
50-9		What is a “Work Made for Hire” Under Copyright Law?	A brief discussion of the “work for hire” concept in copyright law and how it applies to works by employees compared to works by contractors.	1:00
50-10		What is a Derivative Work Under Copyright Law?	A brief explanation of derivative works, the opportunities and risks associated with creating these works, and examples of such works.	1:02
50-11		What Does a Copyright Give You the Right to Do?	A brief explanation of the rights enjoyed by copyright proprietors.	0:26
50-12		How Expensive is Copyright Infringement Litigation?	A brief discussion of the costs, economic and otherwise, associated with copyright infringement litigation.	0:55
50-13		Who Are the Plaintiff and Defendant in a Copyright Infringement Litigation?	A brief explanation of the parties involved in copyright infringement litigation.	0:27
50-14		Can we Freely Use Images, Videos, and Documents We Find on the Internet?	A brief explanation of why content from the Internet cannot be freely used and the risks associated with improperly using content from the Internet.	1:08
50-15		What Kinds of Things Do Copyrights Protect?	A brief discussion of what types of works copyrights do and do not protect, and how these protections can impact your business.	1:06
50-16		What Are the Requirements for Getting a US Copyright?	A brief discussion of the two main requirements for obtaining a US copyright.	1:19
50-17		What is Copyright Infringement?	A brief discussion of what copyright infringement is and tips on how to avoid committing copyright infringement.	1:20
50-18		Does Every Nation Have the Same Laws Regarding Copyrights?	A brief discussion of the significance of differences in national copyright laws and the importance of the Berne Convention.	1:03
50-19		What is a US Copyright License?	A brief discussion of the rights copyrights provide, and the ways licenses can sell those rights.	0:57
50-20		Can a Copyright be Bought or Sold?	A brief discussion of how a copyright may be sold in its entirety.	0:17
50-25		Secondary Copyright Infringement (UK)	A brief discussion of UK law on secondary copyright infringement. This includes a breakdown of the five forms of secondary copyright infringement.	1:44
50-26		Secondary Copyright Infringement- Importing an Infringing Copy (UK)	A brief discussion of the four elements of importing an infringing copy under UK copyright law.	1:00
50-27		Secondary Copyright Infringement- Possessing or Dealing with an Infringing Copy (UK)	A brief discussion of the four elements of possessing or dealing with an infringing copy under UK copyright law.	1:20
50-28		Secondary Copyright Infringement- Providing Means for Making Infringing Copies	A brief discussion of the two general ways someone can be guilty of providing the means for making an infringing copy under UK copyright law, as well as the elements for both of these general ways.	2:14
50-29		Secondary Copyright Infringement- Permitting the Use of Premises for an Infringing Performance (UK)	A brief discussion of the three elements of permitting the use of premises for an infringing performance under UK copyright law.	1:57
50-30		Secondary Copyright Infringement- Provision of an Apparatus for an Infringing Performance (UK)	A brief discussion of the three general ways someone can violate UK copyright law on provision of an apparatus for an infringing performance.	1:57
50-31		Secondary Copyright Infringement (Global)	A brief, general discussion of laws regarding secondary copyright infringement worldwide.	2:55

105		False Advertising and Puffery		4 Videos
		Modules (~1 to 5 minutes)	Info	Duration
105-1		False Advertising vs Puffery	We compare False Advertising and Puffying with several examples.	4:52
105-2		What is the Difference Between False Advertising and Puffery?	We compare False Advertising and Puffying with one example.	1:20
	0	Scenarios (~1 minute)	Info	Duration
105-3		TropiCana’s Puffery	We provide an overview of the Tropicana/Campbell’s Soup False Advertising action.	1:03
105-4		Shark Ninja	We provide an overview of the Shark Ninja/Dyson False Advertising action.	1:40

111		Right of Publicity		8 Videos
		Micro Modules (~1 to 2 minutes)	Info	Duration
111-1		Introduction to Right of Publicity	We provide a brief overview of Publicity Rights, including a comparison with Copyrights and Trademark rights.	2:36
111-2		Don’t Forget to Get the Release	We dicusss the importance of securing releases when using people in advertising programs.	0:57
111-3		Michael Jordan	We brieflly discuss the Right of Publicity action involving Michael Jordan and Jewel Food Stores.	1:55
111-4		Bette Midler	We brieflly discuss the Right of Publicity action involving Bette Midler and an automobile company.	1:39
111-5		Bus Driver in Milan	We brieflly discuss the Right of Publicity action involving a bus driver in Milan.	1:37
111-6		College Football and EA Sports	We brieflly discuss the Right of Publicity action involving Ryan Hart and Electronic Arts.	0:58
111-7		Michael Jordan in China	We brieflly discuss the Right of Publicity action involving Michael Jordan in China.	0:55
111-8		Beware of Tweets	We brieflly discuss the Right of Publicity action involving Katherine Heigl and Duane Reade.	1:01

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Intellectual Property e-Learning ToolKit™