Ch9 Flashcards
Know the advantages of registering a trademark.
You can easily get it registered in a foreign country
If you fail to use a ® or ™ notice, do you lose all legal protection?
No
Know examples of arbitrary and fanciful trademarks
(Arbitray) Captain Morgan and Apple
(Fanciful) Exxon and Reebok
Be able to recognize a suggestive trademark
Dairy Queen
From RDX Media, LLC v. IP Application Dev., LLC know the rule about priority of use in commerce of a trademark
Apple bought the mark from Fujitsu its use mark dated to 2002 so Apple prevails
Know what cybersquatting is
Using somebody’s trademark in your internet domain name/social media handle
Know what trademark infringement is
Someone who uses the trademark to sell the exact same product you sell
Know what trademark dilution is
You have a famous trademark and someone is using that trademark to sell a product you dont sell
From Luxottica GRP., S.P.A. v. Airport Mini Mall, LLC know that Contributory Infringement means
Means a trademark owner can get damages from a property owner that allows its tenants to directly infringe on the trademark
Know what Two Pesos, Inc. v. Taco Cabana, Inc. said about trade dress
Restaurant could not copy the decor of a competitor because of the law protecting trade dress
Know what a certification mark is
A mark that certifies that these were made in a certain way
Know what goodwill is
The positive aspects that your
Know the rights the Copyright Act gives copyright owners
The right to reproduce the work.
The right to publish or distribute the work.
The right to display the work in public.
The right to perform the work in public.
The right to prepare derivative works based on the original work.
Know how long a copyright for a work for hire lasts
95 years from the date of publication
100 for when it is created
A work for hire is when a copyrightable work is created by employees or independent contractors who were hired by a company to create the work. The company owns the copyright
A work for hire is when a copyrightable work is created by employees or independent contractors who were hired by a company to create the work. The company owns the copyright
Know the four considerations when determining whether something is fair use
The purpose and character of the copying (for commercial use or for nonprofit educational use).
The nature of the copyrighted work.
The extent of the copying.
The effect of the copying on the market for the work.
Know the fair use purposes where use of original material is allowed
For purposes such as criticism, comment, news reporting, teaching, scholarship, or research, parody
Know what patents can and cannot be issued for.
Can: Processes, Inventions,
Cannot: Theories, Ideas
Know what the Bowman v. Monsanto court held regarding making new seeds
by growing new generations of seed beyond the first authorized planting, Vernon Bowman infringed Monsanto Co’s patents for Roundup Ready seeds.
Know what is required to be a trade secret
It is not known by the competition.
The business would lose its advantage if the competition were to obtain it.
The owner has taken reasonable steps to protect the secret from disclosure
Know what the result of Walmart v. Cuker Interactive, LLC.
He was able to get damages against Walmart for coercing his trade secrets
Know the Economic Espionage Act
Contains a provision concerning theft of commercial trade secrets, that is, economic espionage
Four Kinds of Intellectual Property
Trademark
Copyright
Patent
Trade Secret
