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PROPERTY > Creation: Trademark, Copyright, Patent And Trade Secrets COPY > Flashcards

Creation: Trademark, Copyright, Patent And Trade Secrets COPY Flashcards

1
Q

Can one sell another’s news for profit?

A

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

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2
Q

Can one copy freely?

A

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

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3
Q

What kind of work is covered by copyright?

A

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

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4
Q

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

A

One should file with the government

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5
Q

How long does copyright last for?

A

generally, 70 years after the death of the author

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6
Q

What does a utility patent cover?

A

Covers functional features of products and processes

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7
Q

How are patents protected?

A

one MUST file with the USPTO for protection

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8
Q

How long does a utility patent last?

A

20 years from the date filed

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9
Q

What is a design patent?

A

ornamental designs for manufactured goods

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10
Q

How long does a design patent last?

A

14 years from date issued

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11
Q

What is the subject matter of a trademark?

A

covers words, names, symbols or devices -

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12
Q

What does a trademark need to be valid?

A

must distinguish one’s goods/services

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13
Q

when does protection of a trademark begin?

A

when the mark is used in commerce

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14
Q

how can one maximize protection of a trademark?

A

by filing with the government

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15
Q

how long does a trademark last?

A

lasts so long as it is properly used as a trademark

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16
Q

How does one protect a trade secret?

A

the only way to protect is by not telling people

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17
Q

Is infringement of a trade secret possible?

A

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

18
Q

Cheney Bros. v. Doris Silk

A

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.

19
Q

INS v. Associate Press

A

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.

20
Q

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

A

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.

21
Q

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?

A

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.

22
Q

Can the public copy news after it is initially published?

And what about other commercial news sources?

A

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.

23
Q

What is trade dress?

A

the appearance of an object

24
Q

What cannot be valid with trademarks?

A

cannot own trademark rights to generic words

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

25
Q

what is the scope of a trademark?

A

exclusive rights to use in commerce as a mark

26
Q

What is the standard for infringement of a trademark?

A

that there is a likelihood of confusion

27
Q

What is the standard for validity for copyright?

A

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

28
Q

What does copyright not protect?

A

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

29
Q

When does protection of copyright begin?

A

Upon fixation of original expression

30
Q

What is the scope of copyright?

A

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

31
Q

What are the standards for infringement for copyright?

A

copying and improper appropriation

unauthorized distribution, public performance or public display

32
Q

what is the standard for validity of a utility patent?

A

When things need to be non-obvious and useful

33
Q

what is the standard for valid of a design patent?

A

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

34
Q

What is the scope of a patent?

A

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

35
Q

What is the standard for infringement of a utility patent?

A

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

36
Q

What is the standard for infringement of a design patent?

A

similarity of the designs to the ordinary observer

37
Q

Feist publications v. Rural telephone service co.

A

FIRST ACQUISITION OF PROPERTY - CREATION

to be granted copyright protection, works must be original – meaning that they entail some minimal degree of creativity.

38
Q

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

A

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

39
Q

What are the 5 factors to a utility patent?

A
  1. patentability
  2. novelty
  3. utility
  4. non-obvious
  5. enablement
40
Q

What are the 3 factors to copyright?

A
  1. originality
  2. work of authorship
  3. fixation
41
Q

What are the 3 factors to trademark?

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

PROPERTY (16 decks)

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