Intellectual Property Law

Chapter 1 Case Study Answers

Activities: Identify the intellectual property Fit Forever might own.

[Note: It is possible that the trademarks are not sufficiently
distinctive to qualify for registration at the USPTO and that the patentable
matter is subject to the on-sale bar discussed later in the text. Assuming that the
marks are not merely descriptive (or confusingly similar to others) and that the
patentable matter qualifies for protection, the following intellectual property
rights might be owned by Fit Forever.]

Trademarks: Fit Forever owns trademarks in any distinctive names it uses,
including the name FITNESS 1000 as well as any slogans or images it may use in
connection with these marks. Additionally, if marks or logos are used in
connection with the clothing, sporting equipment, or fitness monitors, they
should also qualify for trademark protection.

Copyrights: Fit Forever owns copyrights in the script for any commercials and
the text for any advertising whether on the Internet or conventional print form.
Additionally, Fit Forever owns copyright rights in the song It’s Your Life—Get
Fit (assuming that its employees do not retain any rights in the song). Fit
Forever owns copyright rights in the instructional videos.

Patents: The sporting equipment and fitness monitors developed by the
company should qualify for patent protection.

Trade secrets: Fit Forever’s plans to launch spa services and its market surveys
are likely trade secrets because they have economic value and give Fit Forever a
competitive edge (if others were to learn about them and “beat” Fit Forever into
this market, Fit Forever would suffer damage); moreover, these plans appear to
be subject to reasonable efforts to keep them confidential. So long as the plans
and surveys are treated confidentially and reasonably protected by Fit Forever,
they qualify as trade secrets.