IP in Hospitality. Intellectual “Properties” in HRIM Trademark & Franchising Tech Transfer. IP Overview. Patents Trade Secrets Copyrights Unfair Competition Trademarks & Trade Dress Sui Generis Protections:
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Intellectual “Properties” in HRIM
Trademark & Franchising
New, Useful & Human-made
1. Determine scope and content of the prior art
2. Determine differences between prior art and the claim(s) at issue; and
3. Determine the level of ordinary skill in the pertinent art
pattern, device, engineering data, formulas, customer lists or preferences, raw materials, manufacturing processes, design manuals, operating & pricing policies, price codes, bid information, method, technique, bookkeeping methods, market studies/research, sales data, marketing plans/strategies, new product information, business plans, equipment & machinery, program, software, flow charts, drawings, blueprints, negative results, unique compilation or combination of public domain info, know-how
Pictorials, graphics, and sculptures
Motion pictures and A/V works
Pantomimes and choreography
Facts: Family restaurant split, 2 Pesos used Taco Cabana “motif”
Issue: Is trade dress protectable w/o proof of secondary meaning?
Rationale: Difficulties of determining inherent distinctiveness; restaurant motif, look & feel protectable