Chapter 8: Intellectual Property & Internet Law Flashcards
What is a trademark.
Distinctive mark that a manufacturer places on its products to help consumers identify the maker. (Outline)
What did the Federal Trademark Dilution Act (1995) do?
Trademark dilution laws protect “distinctive” or “famous” trademarks from certain unauthorized uses even when the use is on noncompeting goods or is unlikely to confuse. (153)
What is a trade name?
A trade name is a company’s name. Strong trade name-fanciful, arbitrary, distinctive (Xerox). Names based on everyday words are not considered strong trade names. (Outline)
Can a trade name be lost? If so, how?
A trade name can be lost if their common usage causes them to become “generic” such as with the escalator. (Outline)
What is a patent.
A patent is a grant from the Federal government that gives an inventor the right to exclude others from making, using, or selling his invention for a period of 20 years from the date of filing the application for a patent. Patents for design are for 14 years. Must demonstrate that invention is novel. (158)
What is patent infringement.
Patent infringement occurs when a firm makes, uses, or sells another’s patented design, product, or process without the owner’s permission. Can occur even though not all features or parts so the product are copied. Does not occur when sold in another country. (161)
What are the remedies for patent infringement?
Sue for relief in federal court, seek injunction against infringer and request damages for royalties and lost profits. (161)
What is a copyright?
A copyright is an intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specific type:
- Literary works
- Musical works
- Dramatic works inc musical scores
- Pantomimes & choreographic works
- Pictorial, graphic, &sculptural works
- Motion pictures
- Sound recordings
- Architectural works (162)
Individual: protected for life plus 70 years
Corporation: 95 years from publication or 120 years from creation
What is copyright infringement?
Whenever the form or expression of an idea is copied, an infringement of copyright has occurred. Reproduction does not have to be exact, or in its entirety, if substantial part of original is reproduced, copyright is infringed. (163).
What are the remedies for copyright infringement?
- Sue for damages
2. Criminal penalties for willful violation. (163)
What is the “Fair Use” Exception to liability for copyright infringement?
Section 107 of the Copyright Act an exception for “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” Factors used to determine whether this exception holds are:
- Purpose & character of use ( commercial or educational)
- Nature of copyrighted work
- Amount/substantiality of use
- Effect of the use upon the potential market of or it’s value of the copyrighted work (163)
What is a trade secret?
A trade secret is basically information of commercial value (ie business processes and information that cannot be patented, copyrighted, or trademarked). (167). Can include customer lists, plans, research & development, marketing methods, production techniques,…
What does Section 757 of the Restatement of Torts prohibit?
Makes disclosure of another’s trade secrets without authorization and discovering secrets using improper means against the law. (Industrial espionage) (168)
