Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Business Law > Ch 8 - Intellectual Property Rights > Flashcards

Ch 8 - Intellectual Property Rights Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Intellectual property

A

any property that result fr intellectual, creative processes, the products of an individuals mind

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Trademark

A

distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Trademarks - fed or state?

A

fed - Langam Act of 1946

stats also have indv

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Federal Trademark Dilution Act

A

allowed trademark owners to bring suits to fed court for trademark dilution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Federal Dilution Revision Act - must prove (4)

A
  • Pl* owns a famous mark that is distinctive
  • D* begun using mark in commerce that allegedly diluting the famous mark
  • The similarity between the D* makr and the famous mark gives rise to an association between the marks
  • The association is likely to impair the distinciveness of the famous mark or harm its reputation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Do marks need to be identical?

A

No, sim marks can lessen value when providing related or competitive goods

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When can you register trademark? (2)

A

currently in commerce

intents to put into commerce within 6 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

trademark infringement

A

when a trademark is copies to a substantial degree or used in its entirety by another, intentionally or intentionally -> likelihodd of confusion about origin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

trademark infringement damages/remedies (4)

A

injunction to prevent hurther infringement

  • Damages: profits that infringer wrongfully received from unauthorized use of mark
  • S~ destruction of any goods bearing unauthorized trademark
  • S~ owner can recover attorneys’ fees
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

strong marks - def + which?

A

automatic protection b/c ID product’s source

fanciful trademarks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

fanciful v arbitrary

A
  1. invented words

2. common words in uncommon way not descriptive of product

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

suggestive trademarks

A

indicate something about a products nature, quality, or characteristics w/o describing product directly (ex. Dairy Queen)
can becomes strong trademark

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

(trademark) secondary meaning def + protection

A

descriptive terms, geographic terms, personal names that are inherently distinctive -> no protection until they acquire secondary meaning
- when customers begin to associate specific term/phrase with specific trademarked items made by a particular co

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Generic terms

A 
class of products that receive no protect, even if they acquire secondary meanings
A trademark does not become generic simply because it is commonly used, however
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

(trademark) service mark

A

used to distinguish the services of 1 person/co from those of another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

(trademark) certification mark

A

used by 1/+ *, other than owner to certify the region, materials, mode of manufacture, quality, or other chracteristic of specific g/serivces

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Trade dress

A

image + overall appearance of a product, or overall impression, subject to same protection as trademarks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Counterfeit goods

A

copy or imitate trademarked goods, but are not the genuine trademarked goods

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Stop Coutnerfeiting in manufactured goods act

A

crime to traffic internationally in counterfeit g+services, or knowingly use a counterfeit mark on or in connection with g/services

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Counterfeiting - Penalties (4)

A

Fine + time
D* forfeit counterfeit products
pay restitution to trademark holder or victim in an amount = to victims actual loss

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Combatting foreign counterfeiters

A

Can only close domain dames of website that sell counter.

22
Q

Trade name

A

part or all of a business’s name, generally directly related to business and its goodwill
May be protected as trademark if its also name of co’s trademarked product

23
Q

Licensing

A

an agreement, or contract, permitting the use of a trademark, copyright, patent, or trade secret
Licensee pays royalties (fees) for the privilege of using the intellectual property
Only grants right expressly described in license agreement

24
Q

Patent

A

grant from gov that gives an inventor the exclusive right to make, use, or sell his invention for a period of 20 yrs, unless for design (14 yr)

25
Q

America Invents Act

A

the 1st person to file an application for a patient on a product/process will receive patent protection, 9 month limit for challenging a patent on any ground

26
Q

When does period of patent protection begin?

A

Date application is filed, not issued

27
Q

Why search patent databases?

A

study trend and patterns in specific tech, gather info about tech

28
Q

What is patentable?

A

Prove invention, discovery, process, or design is novel, useful, and not obvious in light of current technology

29
Q

What is not patentable

A

laws of nature, natural phenomena, and abstract ideas including algorithms

30
Q 
Patent Infringement
Even if (2)
A

when firm makes, uses, sells another’s patented thing w/o permission
patent owner hasnt put patented product into commerce
not all features/parts o product - copied

31
Q

Patent infringement - remedies (3)

A

injunction
damages for royalties and lost profits, mn~ grant reimbursement for attorneys’ fees and costs
Willful damages can be 3x (treble damages)
prove irreparable injury and that the public interest would not be disserved by a permanent injunction

32
Q

Copyrights

A

intangible property right granted by fed statute to originator of a literary or artistic production

33
Q

Copyright Act of 1976

A

1976 works made after 1/1/178 are automatically given statutory copyright protection for the life of the author + 70 yrs after the death of the last surviving author

34
Q

Copyrights protect from (4)

A
  1. Reproduction of the work, 2. Dev of derivative works 3. Distribution of the work 4. Public display of the work
35
Q

(copyright) What is protected expression?

A

a work must be “fixed in a durable medium” from which it can be perceived, reproduced, or communicated

36
Q

(copyright) Section 102 exclusions (4)

A

Facts widely known
Page numbers
Mathematical calculations
Ideas - when idea and expression are inseparable

37
Q

Compilation of facts

A

collection and assembling of preexisting materials that - selected, coordinated, or arranged in such a way that the resulting work constitutes an original work
copyrightable

38
Q

copyright infringement - what qualifies?

A

X have to be exactly same as original or reproduce original in entirety, if a substantial part of the original is reproduced, the copyright has been infringed

39
Q

copyright infringement remedies (3)

A

Damages
criminal penalties (proceedings for willful violations) : fines or imprisonment
Perma injunction when court deems it necessary to prevent future copyright infringement

40
Q

(copyright) “Fair Use” exception (6) + determinants (4)

A

for criticism, comment, news reporting, teaching, scholarship, or research.

Purpose and character of use
Nature of copyrighted work
Amount used in relation to the copyrighted work as a whole
**Effect of use upon the potential market for or value of the copyrighted work

41
Q

First sale doctrine

A

owner of a item that is copyrighted can, w/o authority of the copyright owner, sell or dispose of it

42
Q

Trade secrets

A

information of commercial value, and generally anything that makes an individual company unique and would be valuable to a competitor,
ideas AND expression

43
Q

Uniform Trade secrets act

Econonomic espionage act

A

what states base their trade secrets on

theft o trade secrets - fed crime

44
Q

(trade secret) liable under law if (2)

A

1 or both:
discovered by improper means
disclosure/use contitutes breach o duty owed to the other party

45
Q

industrial espionage

A

theft of trade secrets w/o contractual violation and is actionable

46
Q

Paris convention of 1883

A

allows parties in 1 country to file for patent and trademark protection in any other member countries

47
Q

Berne convention

A

if citizen writes a book, every country that has signed the convention must recognize the author’s copyright in the book

48
Q

Trips agreement** (4)

A

Each member of WTO must include domestic laws broad intellectual property right and effective remedies for violations of those rights
- Each member must also ensure legal procedures are avaiAble f parties who wish to bring actions for infringement of intellectual property rights
- Est mechanism for settling disputes among members
PROHIBITS DISCRIMINATION v foreign owners of intellectual property rights in admin, regulation, or adjudication

49
Q

Madrid protocol

A

Submit a single application and designate other member countries in which the company would like to register its mark

50
Q

Anti-counterfieting trade agreement (2)

A

BORDER SERACHES - member nations - rq to est border measures that allow officials to search commercial shipments of imports and exports for counterfeit goods
- Allow members to order online service providers to furnish info abt suspected trademark and copyright infringers, incl identities

Business Law (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions