Question

1. What is a trademark? What does it mean when a mark is generic?
2. What is a copyright? What is the principle of fair use?
3. What is a trade secret? What are some examples of a trade secret?

Answer 1

Trademark is basically a sign , design or expression which represents a product or service .Trademark is registered and can be owned by an individual, company or legal entity .An trademark is used to identity the owner of the brand .

Generic trademarks is basically a Trademark that due to popularity of brand name , the product is named by it's brand name.gemeric trademark is basically a Trademark or brand name that due to its popularity has become generic name for general class of good.

For example - band aid is famous whose generic name is bandage adhesive

Ans 2) copyright is basically a legal right given to the owner of that copyright to copy . Copyright is basically the owner or the person whom he gave the right has the right to reproduce that work for which copyright is granted .Copyright gives creators of original material, the exclusive right to further develop them for a given amount of time granted by the authorities .No other can copy it .

Fair use refer to copying a copyrighted for a limited purpose .decision regarding fair use is a difficult process .It's is complicated but their principles on which the decision is taken .

The four factors judges consider are:

• the purpose and character of use
• the nature of the copyrighted work
• the amount and substantiality of the portion taken
• the effect of the use upon the potential market.

Ans 3) trade secret are business confidential information that provides company competitive edge in the market. Trade secret can be anything i.e  formula, practice, process, design, instrument, pattern, commercial method, or compilation of information .

For eg 1)

THE GOOGLE SEARCH ALGORITHM

Google developed a search algorithm and continues to refine it. It is the top search engine today and shows no signs of giving up its place.

2) coca cola has its recipe as trade secret which has helped coca cola to maintain it's edge

3) mcdonalds big Mac special sause recipe was it's trade secret which got lost in 1980 but it was successfully retrieved