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Business Law > Chapter 8 Intellectual Property Rights > Flashcards

Chapter 8 Intellectual Property Rights Flashcards

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1
Q

Actual damages + profits of infringer

A

Copyright

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2
Q

1) injunction
2) actual damages plus profits of infringer
3) destruction of infringing articles
4) costs and attorney fees

A

Trademark (service mark, trade dress)

Registration with state/fed gives notice

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3
Q

Monatary damages for misappropriated

UTSA also permits pundit art damages if willful plus cost and attorney fees

A

Trade secret

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4
Q

First person to file gets protection

A

Patent

Must be novel, useful, and not obvious in light of current technology

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5
Q

Mark motto device, stamped printed affixed so origin may be known

A

Trade mark

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6
Q

Essentially a trade mark but used to identify a service rather than a good

A

Service Mark

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7
Q

Sugests quality, origin, mode of transportation, materials, characteristics

A

Cerification Mark

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8
Q

Image overall appearance ( subject to same prosecution as TM

A

Trade dress

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9
Q

All or part of a business name

May be protected as a trademark of it is the same as trademark

A

Trade name

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10
Q

To protect businesses from losing business to rival companies using confusingly similar TMs

A

Lanham act

Provides remedies for those who wish to enforce their claim in federal court.

Amended to protect from TM dilution

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11
Q

tDRA

A

Trademark dilution revision act

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12
Q

For plaintiff to state a claim under TDRA ( trademark dilution revision act)
4 things

A

&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

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13
Q

SCMGA

A

Stop counterfeiting in manufactured goods act

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14
Q

sCMGA stop counterfeiting in maid actuated goods act

Makes it a crime to

A

Traffic/ attempt to traffic counterfeit goods

Knowingly use counterfeit Mark in connections with goods + services

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15
Q

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

A

Berne convention

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16
Q

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)

A

The TRIPS agreement

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17
Q

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

A

The Madrid protocol

18
Q

ACTA

A

ANTI Counterfeiting trade agreement

International treaty to combat counterfeiting and piracy on Internet

19
Q

Whenever a trademark is copied by another to a substantial degree or in its entirety

A

Trademark infringement

20
Q

The most portent statutory protection for trademarks is the

A

Lanham act

21
Q

Can a color scheme qualify for trademark protection

A

Yes

22
Q

A Mark used by a cooperative association of other organization to verify the region, quality or accuracy of spefic goods or services

A

Collective Mark

23
Q

A Mark used in the sale of services to distinguish the services of one person from the services of others

A

Service Mark

24
Q

Patents generally last for

A

20 years

25
Q

Unless a trade name is used as a trademark or service Mark it cannot be registered with the federal government

A

True

26
Q

The first person to file a patent application receives protection under the….

A

America Invents Act

27
Q

To be patentable an invention must be

A

Novel, useful, and not obvious

28
Q

Patent infringement is a crime

T or F

A

False

29
Q

When determining fair use

The effect of the material on the potential market is often the most important factor for the courts consideration

A

True

30
Q

In 1980 congress passed ….. Which amended the copyright act to include computer programs

A

Computer software copyright act

CSCA

31
Q

Most state laws with respect to protection of information or a commercial value are based on the

A

Uniform trade secrets act

32
Q

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

A

Madrid protocol

33
Q

Under the —– when a U.S. Citizen writes a book every signatory to that, recognizes the authors copyright

A

Berne convention

34
Q

Established standards for international protection or patents, trademarks and copyrights

A

Trips agreement

35
Q

2011 a number of nations signed the——- to combat piracy and global counterfeiting

A

Amit-counterfeiting trade agreement

36
Q

Monetary damages, royalties, lost profit , attorneys fees

Treble damages for intentional infringement

A

Patent

37
Q

Copyright law protects niether concepts nor processes

A

True

38
Q

What avenue is there for registering a trade name internationally

A

The Madrid protocol

39
Q

In general copyright owners are not protected against use of their works

A

True

40
Q

State and federal gov provide for the registration of trademarks

T or F

A

True

41
Q

An applicant cannot register a trademark on the basis of intent to use the Mark in commerce

T or F

A

False

42
Q

Trade dress is subject to the same legal protection as trademarks

A

True

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