Chapter 8 - IP Rights

Question 1

4 Protections of copyright

Answer 1

1. Reproduction
2. Development of derivatives
3. Distribution - FIRST SALE DOCTRINE (applies Worldwide)
4. Public Display

Question 2

For works made for Hire, how long is the window for terminating assignments

Answer 2

5 Years

Question 3

Works made for hire must be __ ___ for independent contractors

Answer 3

in writing

Question 4

____ own works made for hire

Answer 4

Employers

Question 5

3 Types of Copyright ownership

Answer 5

1. Author of work
2. Joint authors - limits authors ability (use of adverts)
3. Works made for hire (employer owns copyright

Question 6

3 Effects of work made for hire status

Answer 6

1. Ownership - Hiring Party
2. Termination of rights
3. Duration - life of the author + 70 years (for works made on or after 1/1/78)

Question 7

Prima Facie evidence of ownership

Answer 7

Assumed true until proven otherwise

Question 8

Patent Trolls have to demonstrate _____ ____

Answer 8

Irreparable harm

Question 9

TSM Test for patent trolls

Answer 9

Taught- previously
Suggested - previously
Motivated- inventor was

Question 10

Exclusive copyright licenses must

Answer 10

Be in writing

Question 11

Berne Convention

Answer 11

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

Question 12

copyright Range of Statutory Damages

Answer 12

$750 - $30,000 per infringement

could go from $30,000 to $150,00

Question 13

If you want to collect statutory damages for copyright infringement

Answer 13

Have to have registered prior to the infringement

Within 3 months of publication

Question 14

In order to sue for copyright infringement, you must

Answer 14

register your copyright

Question 15

In order to have copyright protection, you

Answer 15

Don’t need to register your copyright (Prima facie evidence of ownership)

Question 16

Remedies to copyright infringement

Answer 16

Monetary damages

Injunction

Criminal penalties

Question 17

Fair Use looks at 4 features of infringement

Answer 17

1. Nature and purpose of use (Parody?)
2. Nature of copyrighted work (Expected to be copied)
3. Amount of copyrighted work used
4. Effect on market of copyrighted work (includes market for derivatives)

Question 18

Patent law Protects

Answer 18

Inventions, exclusively by federal law (same as copyright)

Question 19

3 types of patents

Answer 19

Utility - New and useful process, machine, composition of matter

Design - New & original ornamental design for an article of manufacture

Plant

Question 20

Requirements for patents

Answer 20

New

Useful

Not an obvious extension of existing tech

Question 21

Statutory bar refers to

Answer 21

the denial of patent if invention is disclosed 1 year prior to filing

Question 22

Duration of Utility/Plant Patents

Answer 22

20 years from filing

Question 23

Duration of Design patents

Answer 23

14 years from issuance of patent

Question 24

LEAHY-SMITH AMERICA INVENTS ACT

Answer 24

Changed patent priority to first to file

Question 25

time limit for challenging patents

Answer 25

9 month limit on challenging a patent on any ground

Question 26

Reverse engineering is not limited by

Answer 26

20 year expiration

Question 27

Inevitable disclosure doctrine for trade secrets

Answer 27

Backdoor covenants not to compete

-Likely to work if employee has been dishonest

Question 28

Trademarks are reserved for

Answer 28

Goods

Question 29

Protections for trademarks

Answer 29

Common law - First in time, first in right

State registration - Can operate with federal law

Federal Registration - can operate with State law

Question 30

Federal registration of trademark

Answer 30

National Priority as against everyone except those who have used the trademark previously

Question 31

Lanham Act 1a

Answer 31

Federal government can only regulate interstate commerce, must have trademark registered in more than 1 state

Question 32

Lanham act 1b

Answer 32

Intent to use - explicit admission of non interstate commerce. Lasts 6 months, renew in 6 months up to 4 times

Question 33

for trademarks, only common law rights are valid without a

Answer 33

Federal registration

Question 34

5 strengths of marks (Strongest to weakest)

Answer 34

Fanciful - Made up word (GOOGLE)

Arbitrary - Real Word (common word not descriptive of product)

Suggestive - Suggests good (Dairy Queen)

Descriptive - Do not qualify for protection

Generic - IS product or service(Zipper) Not capable of protection

Question 35

Remedies to Trademark infringement

Answer 35

1. Injunction
2. Damages
3. Profits

Question 36

Trademark Dilution

Answer 36

The more the mark is used, the weaker the mark becomes

Has to be famous to succeed federally