Chapter 8 Intellectual Property Rights Flashcards
Actual damages + profits of infringer
Copyright
1) injunction
2) actual damages plus profits of infringer
3) destruction of infringing articles
4) costs and attorney fees
Trademark (service mark, trade dress)
Registration with state/fed gives notice
Monatary damages for misappropriated
UTSA also permits pundit art damages if willful plus cost and attorney fees
Trade secret
First person to file gets protection
Patent
Must be novel, useful, and not obvious in light of current technology
Mark motto device, stamped printed affixed so origin may be known
Trade mark
Essentially a trade mark but used to identify a service rather than a good
Service Mark
Sugests quality, origin, mode of transportation, materials, characteristics
Cerification Mark
Image overall appearance ( subject to same prosecution as TM
Trade dress
All or part of a business name
May be protected as a trademark of it is the same as trademark
Trade name
To protect businesses from losing business to rival companies using confusingly similar TMs
Lanham act
Provides remedies for those who wish to enforce their claim in federal court.
Amended to protect from TM dilution
tDRA
Trademark dilution revision act
For plaintiff to state a claim under TDRA ( trademark dilution revision act)
4 things
&paintiff owns famous Mark (distinctive
& Deff. Has began using * Mark in commerce
& similarity gives rise to association
& association is likely to impair distinctiveness or harm rep. Of famous Mark
SCMGA
Stop counterfeiting in manufactured goods act
sCMGA stop counterfeiting in maid actuated goods act
Makes it a crime to
Traffic/ attempt to traffic counterfeit goods
Knowingly use counterfeit Mark in connections with goods + services
If U.S. citizen or citizen of another country publishes material in a member nation of —- every country that has signed must recognize authors copyright
Berne convention
Sets standards for INTERNATIONAL protection of intellectual property rights
Each member of WTO must provide its domestic laws w/ broad intellectual property rights
+effective remedies including civil and criminal ( forbids discrimination against foreign owners)
The TRIPS agreement
International treaty signed by 86 countries
Makes it easier to register a TM abroad
Owner designates in which countries it would like to register its TM
The Madrid protocol
ACTA
ANTI Counterfeiting trade agreement
International treaty to combat counterfeiting and piracy on Internet
Whenever a trademark is copied by another to a substantial degree or in its entirety
Trademark infringement
The most portent statutory protection for trademarks is the
Lanham act
Can a color scheme qualify for trademark protection
Yes
A Mark used by a cooperative association of other organization to verify the region, quality or accuracy of spefic goods or services
Collective Mark
A Mark used in the sale of services to distinguish the services of one person from the services of others
Service Mark
Patents generally last for
20 years
Unless a trade name is used as a trademark or service Mark it cannot be registered with the federal government
True
The first person to file a patent application receives protection under the….
America Invents Act
To be patentable an invention must be
Novel, useful, and not obvious
Patent infringement is a crime
T or F
False
When determining fair use
The effect of the material on the potential market is often the most important factor for the courts consideration
True
In 1980 congress passed ….. Which amended the copyright act to include computer programs
Computer software copyright act
CSCA
Most state laws with respect to protection of information or a commercial value are based on the
Uniform trade secrets act
The —- allows a U.S. company to register its trademark abroad by submitting one application and designating in which countries the TM shall be registered
Madrid protocol
Under the —– when a U.S. Citizen writes a book every signatory to that, recognizes the authors copyright
Berne convention
Established standards for international protection or patents, trademarks and copyrights
Trips agreement
2011 a number of nations signed the——- to combat piracy and global counterfeiting
Amit-counterfeiting trade agreement
Monetary damages, royalties, lost profit , attorneys fees
Treble damages for intentional infringement
Patent
Copyright law protects niether concepts nor processes
True
What avenue is there for registering a trade name internationally
The Madrid protocol
In general copyright owners are not protected against use of their works
True
State and federal gov provide for the registration of trademarks
T or F
True
An applicant cannot register a trademark on the basis of intent to use the Mark in commerce
T or F
False
Trade dress is subject to the same legal protection as trademarks
True
