Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BL 3305 > EXAM 5 > Flashcards

EXAM 5 Flashcards

1
Q

5 Types of Intellectual Property

A

Trade Secrets, Trade Symbols, Trade Names, Copyrights, Patents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

2 Requirements to qualify as a Trade Secret

A

Secret info, has value to owner due to secrecy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Examples of Trade Secrets

A

Algorithms, Formulas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Misappropriation is associated with

A

Trade Secrets

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How to protect against misappropriation?

A

NDA, HR Policies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does an NDA prohibit?

A

(DUCS) Disclosure, Use, Competition, Solicitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What can an NDA require?

A

That all info be destroyed or returned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Remedies to misappropriation

A

Seek damages that are greater than or equal to the loss of the owner, Injunction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Injunction

A

Prevent further disclosure/use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does the Trademark (Lanham) Act of 1946 protect?

A

Trade Symbols

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

3 Types of Trade Symbols

A

Trademark, Service Mark, Certification Mark

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Trademarks identify

A

GOODS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Service Marks identify

A

SERVICES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Certification Marks example

A

USDA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

2 Mark Requirements

A

Inherently Distinctive, Cannot Cause Confusion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Example of Fanciful

A

Pepsi, Exxon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Example of Arbitrary

A

Apple, Amazon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Example of Suggestive

A

Netflix, Jaguar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Example of Descriptive

A

Coca-Cola

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Example of Generic

A

Band-Aid, Kleenex

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What to consider when choosing mark?

A

Industry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Do you have to register your mark to protect it?

A

NO, UNLESS YOU WANT FEDERAL PROTECTION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

To register a mark, you must have:

A

Use of mark, Continuous Use, Ability to defend

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

How long do you have between intent and action in use of mark?

A

6 Months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

How often must marks be renewed?

A

Every 10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Limit on number of times a mark can be renewed?

A

Unlimited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When must owner file Affidavit of Use for a mark?

A

1 year before expiration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Benefits of registering a mark?

A

Nationwide notice, enforcement of mark, protection on imports

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

When is a mark incontestable?

A

≥ 5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

2002 Madrid Protocol

A

Identifies Mark in > 65 countries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

When is a mark considered abandoned?

A

After 3 years of nonuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

How to defend mark?

A

Send cease and desist letter, sue if necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What do you NOT have to prove for infringement?

A

PROOF OF INTENT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

To prove infringement of mark:

A

Using w/o authorization of identical or substantially indistinguishable mark

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Testing infringement:

A

Would an appreciable number of ordinarily prudent purchasers be misled or confused

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

When are marks allowed to be used by a non-owner?

A

Comparative ads, Non-commercial use, News Reporting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Trade Names

A

Any name used to identify a business/vocation/occupation (includes assumed names)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Example of a secondary meaning arising in an industry

A

Beyoncé

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

_____________________ can be protected in more than one way

A

Intellectual Property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Can Trade Names be registered as a trademark?

A

YES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Copyrights

A

Protects creators of original works

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Original Works examples

A

Music, Literature, Movies, Books, Plays, Computer Software, Art, Contents of a Website

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

When does protection arise for an original work?

A

When put into tangible form where it can be perceived, reproduced or communicated for MORE THAN A SHORT TIME

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Does the owner have to register to use the © symbol?

A

NO, THEY CAN USE IT IMMEDIATELY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Examples of work that cannot be copyrighted:

A

Domain Names, Processes, List of Ingredients, Ideas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

How to protect an idea:

A

Original, Tangible Expression, Contractual Relationship between Creator and Infringer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Why register a copyright?

A

Easier to obtain damages, reimbursement, and gives notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

If damages occur in the context of a copyright, does the owner have to prove these damages?

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Sonny Bono Copyright Expression Act of 1988 protects copyrights for how long?

A

Individual: Lifetime + 70 yrs

Entity: 95 yrs from first publication or 120 yrs from creation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Fair Uses of Copyright Material

A

(CCN TSR) Criticism, Comment, News Reporting, Teaching, Scholarship, Research

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Patents

A

Monopolistic right to make/use/sell an invention/process to others (even if second process was developed independently)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Where do patented inventions go when they expire?

A

The Public Domain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

3 Patent Categories:

A

Utility, Plant, Design

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Utility Patent Category

A

New/Useful Processes, Machines, Manufacturing, Composition

55
Q

When do Utility Patents expire?

A

20 yrs from application, Drugs can get 5 yr extension

56
Q

Date of Application does NOT signify

A

Date of Approval

57
Q

Plant Patent Category

A

New/Distinctive Variety of Plant

58
Q

When do Plant Patents expire?

A

20 yrs from application

59
Q

Design Patent Category

A

Ornamental design for an article of manufacture

60
Q

When do Design Patents expire?

A

14 yrs from application

61
Q

Design Patents can also be:

A

Copyrighted and Trademarked

62
Q

Can you renew a patent?

A

NO

63
Q

Do trade secrets expire?

A

NO

64
Q

What type of patent needs to pay patent maintinence fees?

A

Utility Patents

65
Q

If employee creates work within the scope of their employment, who owns it?

A

Employer

66
Q

If work was commissioned to I.C. from principal, who owns it?

A

Principal

67
Q

If employee/IC was hired for “that type of inventive work”, who owns it?

A

Employer/Principal

68
Q

If inventor uses principal’s facilities, who owns it?

A

Employee, but Principal has non-exclusive royalty-free license to use

69
Q

Digital Millenium Copyright Act of 1998

A

Protects IP, copyrights on the internet

70
Q

Tangible Personal Property Example

A

Goods

71
Q

Tangible Real Property Examples

A

Buildings, Land, Fixtures

72
Q

Intangible Personal Property Examples

A

Stock, copyrights, patents, contract rights, negotiable instruments

73
Q

Negotiable Instrument Example

A

Checks

74
Q

Intangible Real Property Examples

A

Leases, Easements, Mortgages

75
Q

Mortgage is the same as a

A

Deed of Trust

76
Q

Fixtures

A

Start off being personal property and then attaches to or made custom for real property

77
Q

Requirements to constitute as a fixture:

A

Removal would damage realty, purpose to structure, peculiar to the realty

78
Q

What do securities help protect?

A

Personal Property…(ex. apt fridge)

79
Q

7 Ways to Transfer Personal Property

A

(PAWSGEC) Possession, Accession, Will, Sale, Gift, Escheat, Confusion

80
Q

Transfer of _________ of not required in a sale to have transferred property

A

POSSESSION

81
Q

Bill of Sale relates to:

A

Tangible Personal Property

82
Q

Assignment relates to:

A

Intangible Personal Property (ex. interest)

83
Q

Requirements for transfer to qualify as a gift:

A

Delivery, Donor intends to give (unconditional), Donee accepts

84
Q

Accession example:

A

Cows, Interest

85
Q

In a confusion transfer, ________________ carries the burden of proof

A

The person at fault

86
Q

Possession means the finder of the lost property,

A

Has title until true owner takes it back

87
Q

If found underground, who has title?

A

Landowner

88
Q

If mislaid, who has title?

A

Possessor of space where item as left

89
Q

True owner can ___________ get lost/mislaid property back

A

ALWAYS

90
Q

2 Types of Estates:

A

Freehold and Leasehold

91
Q

Freehold is

A

OWNERSHIP

92
Q

Leasehold is

A

CONTRACT FOR POSSESSION/USE

93
Q

Fee Simple

A

No associated future interest

94
Q

Fee Simple Defeasible

A

Always associated future interest

95
Q

Who can do more on property in an easement? 3rd party or owner?

A

3rd Party

96
Q

Lien

A

Gives bank right to take any land if owner doesn’t pay

97
Q

How to transfer Fee Simple

A

Sale/Gift: Deed
Will/Inheritance: Will/Oath

98
Q

If Fee Simple Defeasible is violated by doing a restriction, FSD goes away and owner…

A

Gets Fee Simple

99
Q

For FSD, user has _____________ and owner has ______________

A

Present interest, Future interest

100
Q

When does life estate terminate?

A

UPON DEATH

101
Q

Anyone with future interest gets what after life estate owner’s death?

A

Fee Simple

102
Q

Is Life Estate transferred by will from owner?

A

NO

103
Q

If interest in Joint Tenancy is transferred to someone not in JT, JT turns into

A

Tenancy in Common

104
Q

Tenancy in common has NO

A

right of survivorship

105
Q

Most common commerical type of lease

A

Leasehold Estates

106
Q

If the leasehold estate is > 1 yr, it must be

A

In writing

107
Q

Is prior notice of termination required by law for leasehold estates?

A

NO, but it will continue to renew for another period

108
Q

Tenancy at Will

A

Uncommon, Infinite Duration, Not required to notice of termination unless by statute

109
Q

Tenancy Sufferance

A

Failure to vacate, results in double/triple rent

110
Q

Assignment of Lease

A

Tenant liable to landlord, landlord can sue T and 3rd Party

111
Q

Sublease

A

Tenant liable to landlord, L can sue T, T can sue 3rd Party

112
Q

Statute of Frauds requires that a Contract of Sale must be

A

IN WRITING

113
Q

Where does earnest money go?

A

To Title Company

114
Q

Due Diligence Period

A

Buyer inspects property during a fixed period

115
Q

Title Commitment outlines

A

Owners of title and any encumbrances

116
Q

If land is unsatisfactory,

A

Buyer can terminate contract of sale, gets earnest money back

117
Q

If land is satisfactory,

A

Contract goes hard, earnest money becomes non-refundable if buyer doesn’t give notice

118
Q

Closing

A

Deed delivered from seller to buyer

119
Q

Who records the deed?

A

The Title Company

120
Q

Title Insurance Policy

A

Insurance for Buyer on losses cause by defects in title

121
Q

Requirements for a valid deed:

A

In writing, delivery (or proof to), grantor signs, legal description of land

122
Q

NOT REQUIRED for a valid deed:

A

Consideration, Notary, Recording, Payment

123
Q

A deed is a

A

CONTRACT

124
Q

Deeds can:

A

Restrict real property in the future

125
Q

Undisclosed Encumbrance

A

Not disclosed or expected in contract, orally, title commitment/policy, Deed

126
Q

General Warranty means Grantor has agreed to

A

Defend title all the way back to patent

127
Q

If Grantor breaches warranty under GW, Grantee can get

A

A reduction in value of property due to easement

128
Q

Special Warranty means Grantor has agreed to

A

Defend title to the property for encumbrances/transfers they made themselves

129
Q

Quitclaim Deed means Grantor has agreed to

A

Simply transfer the title if they have it, they do not defend the title, they are not liable

130
Q

Recordation

A

Providing a county authority with the original document of the deed

131
Q

Grantee will NOT have easement enforced on them if they

A

Didn’t know about easement, Paid for property

132
Q

Requirements to Record a Deed

A

Notarized, Original Document, Pay Fee

133
Q

If seller breaches their duty,

A

Title Insurance can pursue them

134
Q

Adverse Possession requirements

A

(AEOAC) Actual, Exclusive, Open & Notorious, Adverse, Continuous (3-10yrs)

BL 3305 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions