New Hampshire
How Bishop v. B. D. R. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Intellectual Property.
New Hampshire law recognizes the principles of intellectual property outlined in Bishop v. B. D. R. and applies a balanced approach to copyright and trademark claims. The state emphasizes the need for originality and clear infringement standards in its analyses.
In New Hampshire, to successfully claim copyright infringement as outlined in Bishop v. B. D. R., a claimant must demonstrate both the originality of the work and substantial similarity to protectable elements of the original work.
Held that a work must exhibit a minimal degree of creativity to be copyrightable.
Established that trademarks may be infringed even with slight differences if they cause consumer confusion.
Emphasized that the proper measure of damages in intellectual property cases is based on the actual market impact of the infringement.
New Hampshire's approach aligns closely with federal standards, particularly in requiring originality and substantial similarity for copyright claims. However, state interpretations may place a stronger emphasis on consumer confusion in trademark disputes than the federal standard does.
Bishop v. B. D. R. principles are likely to be relevant in New Hampshire bar exam questions focused on intellectual property, especially in areas concerning the protections of artistic works.