13. Ответьте на вопросы.

1. What is the purpose of a copyright ?

2. Do copyrights apply only to written words?

3. How long does the copyright law protect original material?

4. Does material have to be printed for copyright protection?

5. Is distributing or offering to distribute copies of a work to the considered publication?

6. Are news releases normally copyrighted?

7. How do you understand the statement, "Ideas cannot be copyrighted, but expression of these ideas can be"?

8. Do you know any cases of copyright infringement? Speak on them.

Text 4

TRADEMARK LAW

An organization's name, products, slogans, and manufacturing processes are usually trademarked. That means that these things are officially registered and their use is restricted to the owner or manufacturer. A trademark is legally protected and should be capitalized whenever it is used.

A trademark is a valuable asset jealously guarded by its owners. Sony, Coca-Cola, IBM, Porsche, McDonald's, and Reebok are all registered trademarks. So is the Mercedes-Benz star symbol.

Organizations and corporations protect their trademarks in various ways. One method is to establish standard policies on how the organization should use and display its trademarked names. You must know the registered trademarks of your company and how they may be used.

Companies also guard their trademarks by continually using them, sending advisories to media outlets about proper use of these trademarks, placing advertisements in journalism publications reminding readers of trademarked names, and monitoring publications to ensure that other organizations are not infringing on a trademark. If they are, legal action is threatened or taken.

In sum, make yourself familiar with what might be considered trademark infringement. Even if you are innocent, the money and time spent fighting a lawsuit are rarely worthwhile.

Here are some guidelines the courts use to determine if a trademark has been infringed:

• Has the defendant used a name as a way of capitalizing on the reputation of another organization's trademark?

• Is there an intent to create confusion in the public mind? Is there an intent to imply a connection between the defendant's product and the item identified by the trademark?

• How similar are the two organizations? Are they providing the same kinds of services or products?

• Has the original organization actively protected the trademark by publicizing it and using it?

• Is the trademark unique? A trademark that merely describes a common product might be in trouble. Microsoft, for example, lost a bid to trademark the word "windows" for its exclusive use.

260

Notes

trademark — иметь торговую марку; торговая марка

be restricted — быть ограниченным .;

capitalize — печатать или писать с прописной буквы

asset - ценное качество; "плюс"; достояние

jealously — рьяно, ревностно

advisory — информационное сообщение, инструкция

media outlets - редакции газет и журналов, местные радиостанций

или телестудии

monitor publications — контролировать публикации infringe on a trademark — нарушать закон о торговой марке legal action — судебный иск infringement - нарушение

fight a lawsuit — защищать иск в суде; отстаивать дело defendant — ответчик

capitalize on — наживаться, извлекать выгоду intent - намерение imply — подразумевать, предполагать

lost a bid to trademark the word "windows — не удалось получить слове windows" в качестве торговой марки

Упражнение

*14. Укажите, в каком из приведенных значений данные слова употреб­ляются в тексте.

1. to capitalize a. to supply a business with money so that it can operate

b. to calculate the value of a business based on the value

of its stock, с to write or type a letter of the alphabet using a capital

letter

2. to monitor a. to carefully watch, listen to, or examine something

over a period of time

b. to secretly listen to other people's telephone calls, foreign radio broadcasts, etc.

3. a bid a. an offer to do work or provide services for a special

price

b. an attempt to achieve or obtain something с an offer to pay a particular price for something,

especially at an auction

4. to be a. to be limited or controlled by law or rules restricted b. to affect only a limited area

c. to be limited in what you can do, or in your movements

5. an asse a. the things that a company or person owns, that can

be sold to pay debts

b. something or someone that is useful because they

help you succeed or deal with problems

*15. Соотнесите слова в левой колонке с их значениями в правой.

1. to infringe a. an official warning or notice giving

information about a dangerous situation

2. a trademark b. the person in a court of law who has been

accused of doing something illegal

3. a lawsuit с to do something that is against a law or that

limits someone's legal rights

4. an advisory d. a problem or complaint that someone brings

to a court of law to be settled

5. a defendant e. a special name, sign, or word that is marked

on a product to show that it is made by a particular company

*16. Заполните пропуски данными словами.

asset, advisories, infringed, lawsuit, intent, restricted

1. The court ruled that he had the company's patent.

2. Neighbors have filed a to stop development.

3. The Department of State issues travel to alert U.S.citizens

to conditions overseas.

4. The gun was fired with

5. Visiting hours are to evenings and week-ends only.

6. The most powerful we have is our skilled, dedicated

workforce.