Creation: Trademark, Copyright, Patent And Trade Secrets COPY

Question 1

Can one sell another’s news for profit?

Answer 1

No, however, this is to the arrangement of words - not necessarily to the actual news that happened.

Question 2

Can one copy freely?

Answer 2

Yes, unless there is a specific remedy - which is usually a statute

Question 3

What kind of work is covered by copyright?

Answer 3

covers literary, theater, music, sculptural, audio/visual works and etc.

Question 4

What is the best way to maximize protection of copyrighted work?

Answer 4

One should file with the government

Question 5

How long does copyright last for?

Answer 5

generally, 70 years after the death of the author

Question 6

What does a utility patent cover?

Answer 6

Covers functional features of products and processes

Question 7

How are patents protected?

Answer 7

one MUST file with the USPTO for protection

Question 8

How long does a utility patent last?

Answer 8

20 years from the date filed

Question 9

What is a design patent?

Answer 9

ornamental designs for manufactured goods

Question 10

How long does a design patent last?

Answer 10

14 years from date issued

Question 11

What is the subject matter of a trademark?

Answer 11

covers words, names, symbols or devices -

Question 12

What does a trademark need to be valid?

Answer 12

must distinguish one’s goods/services

Question 13

when does protection of a trademark begin?

Answer 13

when the mark is used in commerce

Question 14

how can one maximize protection of a trademark?

Answer 14

by filing with the government

Question 15

how long does a trademark last?

Answer 15

lasts so long as it is properly used as a trademark

Question 16

How does one protect a trade secret?

Answer 16

the only way to protect is by not telling people

Question 17

Is infringement of a trade secret possible?

Answer 17

Yes, only if someone accesses the trade secret in a way that is not allowed

but there is no infringement if you find out innocently

Question 18

Cheney Bros. v. Doris Silk

Answer 18

FIRST ACQUISITION OF PROPERTY - CREATION

Unless the common law or statute expressly states - otherwise a man’s property interest is limited to physical items which others are free to copy.

Copy of a pattern is available because there will be those people who will always pay a premium for the original (not bootlegged) version.

Question 19

INS v. Associate Press

Answer 19

FIRST ACQUISITION OF PROPERTY - CREATION

A quasi-property right exists in published news such that appropriating the published news gathered by another for further commercial purposes constitutes unfair competition in trade.

Question 20

May a fabric design be subject to protection from copying in the absence of copyright laws addressing it?

Answer 20

No, copyright laws do not grant this kind of relief and nothing in common law provides for it either ( it would essentially grant a monopoly – exceeding the scope of congress’ intentions).

There may be a protected right in the actual silks that are produced but not in the patter of the silks – the patterns are free to be duplicated and further distributed.

Question 21

Does a continuing property right exist in published news such that appropriating the published news gathered by another for further commercial purposes constitutes unfair competition in trade?

Answer 21

Yes, there is liability in interfering with another’s quasi-property right in selling its gathered news.

A quasi-property right exists in published news such that appropriating the published news gathered by another for further commercial purposes constitutes unfair competition in trade.

Question 22

Can the public copy news after it is initially published?

And what about other commercial news sources?

Answer 22

There is no continuing property right against the public in un-copyrighted news matter after it is initially published, but a commercial news sources does retain rights to the material against other news sources.

Question 23

What is trade dress?

Answer 23

the appearance of an object

Question 24

What cannot be valid with trademarks?

Answer 24

cannot own trademark rights to generic words

cannot have a trademark on the functional aspect of the mark or trade dress

Question 25

what is the scope of a trademark?

Answer 25

exclusive rights to use in commerce as a mark

Question 26

What is the standard for infringement of a trademark?

Answer 26

that there is a likelihood of confusion

Question 27

What is the standard for validity for copyright?

Answer 27

needs to be original, creative and in a tangible medium of expression

Question 28

What does copyright not protect?

Answer 28

ideas, procedures, function/useful items, processes, systems, methods of operation, concepts, principles, or discoveries (like cookbook recipes - they cannot be copyrighted)

Question 29

When does protection of copyright begin?

Answer 29

Upon fixation of original expression

Question 30

What is the scope of copyright?

Answer 30

rights of reproductions, adaptation, distribution, public performance (except sound recordings), public displays (except sound recordings) and digital broadcast of sound recordings.

Question 31

What are the standards for infringement for copyright?

Answer 31

copying and improper appropriation unauthorized distribution, public performance or public display

Question 32

what is the standard for validity of a utility patent?

Answer 32

When things need to be non-obvious and useful

Question 33

what is the standard for valid of a design patent?

Answer 33

a design that must be non-obvious to the ordinary designer

Question 34

What is the scope of a patent?

Answer 34

the right to exclude other from making, using, selling, offering to sell or importing an invention.

Question 35

What is the standard for infringement of a utility patent?

Answer 35

mainly by making, using, or selling something covered by claim language

Question 36

What is the standard for infringement of a design patent?

Answer 36

similarity of the designs to the ordinary observer

Question 37

Feist publications v. Rural telephone service co.

Answer 37

FIRST ACQUISITION OF PROPERTY - CREATION to be granted copyright protection, works must be original – meaning that they entail some minimal degree of creativity.

Question 38

Is a phone book arranged alphabetically sufficiently original to warrant copyright protection?

Answer 38

No, although it might be a specific selection and arrangement of facts – it is not creative enough to be considered an original work and thus does not warrant copyright protection. Facts are not copyrightable

Question 39

What are the 5 factors to a utility patent?

Answer 39

1. patentability 2. novelty 3. utility 4. non-obvious 5. enablement

Question 40

What are the 3 factors to copyright?

Answer 40

1. originality 2. work of authorship 3. fixation

Question 41

What are the 3 factors to trademark?

Answer 41

1. distinctive 2. non-functional 3. use in trade or business