Case 14.1 - Toys “R” Us, Inc., v. Canarsie Kiddie Shop, Inc. • Toys “R” Us, Inc., sued Canarsie Kiddie Shop, whose stores were called Kids “r” Us – For trademark infringement • Court concluded that a likelihood of confusion did exist by considering the following factors – Strength of the senior user’s mark – Degree of similarity between the marks – Proximity of the products
Case 14.1 - Toys “R” Us, Inc., v. Canarsie Kiddie Shop, Inc. – Likelihood that plaintiff will bridge the gap – Evidence of actual confusion – Junior user’s good faith – Quality of the junior user’s product – Sophistication of the purchasers – Junior user’s goodwill
Trade Secret • Process, product, method of operation, or compilation of information used in a business that: – Is not known to the public – Bestows a competitive advantage on the business • Discovery of a trade secret through lawful channels means there is no longer a secret to be protected
Trade Secret • Plaintiff in a trade secret infringement case must prove that: – A trade secret actually existed – The defendant acquired the trade secret through unlawful means – The defendant used the trade secret without the plaintiff’s permission
Patent • Grants the holder the exclusive right to produce, sell, and use a product, process, invention, machine, or asexually reproduced plant for 20 years • Is licensed in exchange for the payment of royalties – Royalties - Sum of money paid for each use of the patented process
Patent • Patent holder must not use it for an illegal purpose – Tying arrangement: Seller permits a buyer to purchase one product or service only if the buyer agrees to purchase a second product or service – Cross-licensing: Two patent holders license each other to use their patented objects on condition that neither will license anyone else to use those objects without the other’s consent
Copyright • One may register a work by: – Filing a form with the Register of Copyright – Providing two copies of the copyrighted materials to the Library of Congress • Whenever a registered work is reproduced, it should be accompanied by the appropriate notice of copyright