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BLAW 310 Chapter 8
BLAW 310 ULL Exam 4 Chapter 8
Terms in this set (43)
Intellectual property (IP)
What is any property that is the product of an individual's mind (e.g, books, software, movies, music)?
Congress wants to encourage people to come up with new thoughts (reward creativity)
Why is an IP protected?
US Constitution Article I Section 8
What law protects intellectual property?
What is a distinctive word, phrase, logo, name, motto, mark or emblem that is stamped or affixed to a product so that it can be identified in the market?
The word Nike, the phrase "Just do it", or the logo check or swoosh.
What is an example of a trademark?
Lanham Act of 1946
Federal Trademark Dilution Act
What laws protect trademarks?
Lanham Act of 1946
What law provides federal protection of manufacturers from losing business to rivals that used confusingly similar brands and products?
Federal Trademark Dilution Act
What law was passed after the Lanham Act was amended in 1995; protects trademarks from unauthorized use even if use is on non-competing goods or is unlikely to confuse?
With state or U.S. Patent and Trademark Office
Where do you register a trademark?
(1) if it is currently in commerce or (2) if the applicant intends to put the mark in commerce within 6 months
A mark can be registered if.. (2 answers)
First renewal after registration is 5 years, after that 10 years. Indefinite
How long does trademark protection last?
What is the symbol for a registered trademark?
What is it called when someone who doesn't own the trademark copies it to a substantial degree or uses it in its entirety-whether intentional or not?
That infringement created a likelihood of confusion about origin of infringer's goods
What must one show to prove trademark infringement?
Injunction, damages, profits by infringer, destruction of goods with infringing mark
What are remedies for trademark infringement?
What is a government grant that gives inventor the exclusive right to make, use or sell an invention?
Patent for design- 14 years
Patent for invention-20 years
How long does patent protection last?
Any new and useful process, machine, manufacture or composition or matter or any new and useful improvement thereof (excluding laws of nature, natural phenomena, abstract ideas).
What types of things are patentable?
What is the manufacture, use or sale of another's product or design without permission (without license)?
Damages for royalties; profits
Reimbursement for attorney's fees and costs.
What are the remedies for patent infringement?
What is the exclusive right of an author to publish, print or sell an intellectual production for a period of time?
Literary & musical works
Pictorial, graphic, sculptural works
What is copyrightable?
Do you have to register a copyright?
Copyright Act of 1976
What law states that works created after 1-1-78 automatically given copyright protection for life of the author plus 70 years?
Either 95 years from publication or 120 years from date of creation (whichever is first)
How long does copyright protection last?
What is it considered when a substantial party of original is re-produced without permission (does not have to be in its entirety)?
Injunction, damages and criminal action are possible.
What are remedies for copyright infringement?
Fair use exception
What states that certain persons or organization can copy materials without penalty (e.g., education, news, research, criticism)?
Ex. Customer lists, formulas, pricing
What are confidential information or processes that give a business an advantage over competitors? Give example.
Have employees sign confidentiality agreement, sue in tort
How can one protect a trade secret?
What kind of mark is similar to trademark but used for services?
What kind of mark is used by 1 or more persons other than the owner to certify the region, materials, quality of goods?
What protects image and appearance of a product or store?
What indicates all or part of a business name that is protected?
What is an agreement that permits use of trademark, copyright, or patent in cyber space?
What term describes forged or created to look real and intended to pass for real?
What are trademarks in cyberspace?
What are fanciful, arbitrary, or suggestive trademarks that are most distinctive marks, normally not related to product? Give example
Ex. Exxon, Xerox
What type of strong mark is a made up word? Give example.
Ex. Yahoo, Apple
What type of strong mark is a real word, but not ordinarily associated with product? Give example.
What type of strong mark brings to mind or alludes to some quality of the product without describing product? Give example.
Ex. Sunglass Hut, Bank of America
What is a descriptive, geographical, or personal names do not acquire protection until consumers associate term with product? Give example.
Ex. Bicycle, Computer
What type of mark has no protection? Give example.
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