CH 11 - Intellectual Property Flashcards
Abandonment
the failure to use a mark after acquiring legal protection, which may result in the loss of rights
Arbitrary mark
A trademark that is a real word whose ordinary meaning has nothing to do with the trademarked product
best mode
The best way the inventor knows of making an invention at the time of filing the patent application
blurring
dilution by blurring occurs when the distinctiveness of a famous mark is impaired by association with another similar mark or trade name
claims
the description of the elements of an invention that will be protected by the patent
contributory copyright/patent infringement
inducing, causing, or materially contributing to the infringing conduct of another with knowledge of the infringing activity
counterfeit mark
made in exact imitation of something valuable with the intention to deceive or defraud
a fraudulent trademark that is indistinguishable from a registered trademark that is used with the intention to deceive
Cybersquatting
Registering a domain name that is confusingly similar
or identical to a protected trademark, where the person
registering the domain name has no legitimate interest
in that particular domain name and registers and uses it in bad faith
Derivative work
Work based upon a copyrighted work
Descriptive mark
An identifying trademark that directly describes (size,
color, use of) the goods sold under the mark.
Direct copyright
infringement
The unauthorized violation of at least one of the five
exclusive rights of a copyright holder
Direct patent
infringement
The making, use, or sale of any patented invention in
the jurisdiction where it is patented during the term of
the patent
Doctrine of
equivalents
A direct infringement of a patent has occurred when a
patent is not literally copied, but is replicated to the extent that the infringer has created a product or process that works in substantially the same way and accomplishes substantially the same result as the patented invention
Fair use doctrine
Protection of a defendant from liability for infringement
for infringing a copyright when countervailing public
policies predominate. E.g., literary criticism, news
reporting, education, and research use
Trademark vs. Copyright
Trademarks protect items helping to define a company brand, for example, logos, brand names, slogans, etc. Copyright, on the other hand, protects literary and artistic work, for example, books, videos, etc.
Fanciful mark
A trademark that is a coined term having no prior meaning until used as a trademark in connection with a particular product
First sale doctrine (copyrights/patent/ trademarks) Patent exhaustion doctrine
Preventing a copyright/patent/trademark holder from seeking additional control and royalties once they have sold such articles
Genericity
The use of a trademark as a generic name for the
product. E.g., “Coke” for any Cola flavored beverage
Indirect
infringement/ inducement to infringe
One party’s active inducement of another party to infringe a patent
Inevitable disclosure
doctrine
Permission for a former employer to prevent an employee from working for a competitor when the new position will require the employee to disclose the trade secrets of the former employer
enjoin
prohibit someone from performing (a particular action) by issuing an injunction
Inevitable disclosure
Inevitable disclosure is a legal doctrine through which an employer can claim trade secret to enjoin a former employee from working in a job that may result in the use of trade secrets without the need for proof or evidence.
Merger doctrine
In copyright law, when an idea and its expression are inseparable, the expression is not copyrightable
Noninfringement
A defence asserting that the allegedly infringing act does not fall within the claims/scope of the issued patent/copyright
Patent assertion
entity (PAE)
A nonpracticing entity that obtains or purchases one or more patents with the intent of enforcing the patents against infringers in exchange for royalties, rather than to manufacture/supply the patented product
Patent misuse
A defence asserting that although the defendant has infringed a valid patent, the patent holder has abused its patent rights and therefore has (temporarily) lost its right to enforce them
Plant patent
a patent issued for new strains of asexually reproducing plants
prior art
inventions, publications, or preexisting art that relates to a claimed invention
Prosecution history estoppel
Preventing a patent owner involved in infringement from introducing any evidence at odds with the information contained in the original application on file
registered mask work
Highly detailed transparencies representing the topological layout of semiconductor chips that have been duly registered with the proper governmental authority.
duly
in accordance with what is required or appropriate; following proper procedure or arrangement.
secondary meaning
a mental association by buyers that links a descriptive trademark with a single source of a product, allowing the trademark to become protectable
show how
general information used to teach someone how to do something (generally not legally protectable)
statutory bar
an inventor is denied patent protection when the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the patent application
suggestive mark
a trademark that suggests something about a product without directly describing it
tarnishment
dilution by tarnishment occurs when the reputation of a famous mark is harmed through association with another similar mark or trade name
tarnish is like smear
trade dress
the overall look of a product or establishment (may be protected under trademark law)
unitary patent (in EU)
A single patent that will give an applicant uniform patent protection in all participating member states
useful article doctrine
A distinctly utilitarian object where the object and its mechanical form are not copyrightable, but any pictorial, graphical or sculptural elements that can be identified separately from the object can be protected.
E.g., a chair with a distinct design where the chair itself is not protected, but the design elements can be
Utility patent
A patent that protects any novel, useful, and nonobvious process, machine, manufacture, or composition, or nonobvious improvement to the
aforementioned
Vicarious copyright
liability
Imposing liability on a third party for a direct copyright infringer’s actions if the third party is in control of the infringer’s acts and directly financially benefits from the infringement
Work made for hire
A copyrightable work created by an employee within the scope of their employment
