Final Spring 2014 Flashcards
A letter from the owner of a trade secret or copyright, patent or trademark that requests that alleged illegal activity be stopped immediately
cease and desist letter
a method of developing proprietary material in which an isolated development team is monitored. the purpose is to provide evidence that similarities to others works or products are due to legitimate constraints and not copying (paper trail)
clean room
information of any type organized in a manner to facilitate its retrieval
database
*a law making it a federal crime to steal a trade secret or to receive or possess trade secret information knowing that it is stolen
economic espionage act
*a contract in which one party promises to submit an idea and the other party promises to evaluate it. after, the evaluator will either enter into an agreement to exploit the idea or promise not to use or disclose the idea
evaluation agreement
when one person stands in a special relationship of trust, confidence or responsibility to another
fiduciary relationship
*information is __________ if it has been published or publicly displayed or is commonly used within an industry
generally known
*the illegal acquisition of trade secrets through theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means
improper means
under this court-made rule, adopted by only a few courts, a court can stop an ex employee from working for a competitor if the former employer shows that the employee will inevitably disclose trade secures of the former employer
inevitable disclosure doctrine
a particular kind of technical knowledge that may not be confidential but that is needed to accomplish a task. this is separate from agreement and something different often separately licensed
know-how
a contract giving written permission to use an invention, creative work, trade secret or trademark, in return for payment
license
the theft or illegal disclosure of trade secrets
misappropriation
a contract in which a person or company agrees not to compete with the business of another company for a period of time. (different enforcement in all states)
noncompetition agreement
an agreement that restricts an ex employees ability to solicit clients or employees of the ex employer
nonsolicitation provision
an agreement in which one party pays the other for the opportunity to later exploit an innovation, idea, or product
option agreement
information is readily ascertainable if it can be obtained legally within an industry, at a library or through publicly available reference sources
readily ascertainable
disassembly and examination of products that are available to the public
reverse engineering
any word, symbol, design, device, slogan or combination that identifies and distinguishes goods
trademark
any formula, pattern, device or compilation of information that is used in business, that is not generally known, and that gives the owner of the secret an opportunity to obtain an advantages over competitors who do not know or use it
trade secret
a mark is considered abandoned when its use in commerce has been discontinued with intent not to resume such use. duration of nonuse depends on the individual country or jurisdiction
abandonment
failure to take action against infringing parties, or other actions indicating either implicitly or explicitly that nothing will be done about infringing activities. can lead to loss of trademark rights
acquiescence
a mark that is not inherently distinctive (for example, those that are merely descriptive, surnames or geographic indicators) may nevertheless become capable of serving as a trademark by becoming associated in the mind of the relevant public with a particular source of goods and services as a result of extensive advertising and widespread use in commerce
acquired distinctiveness
when a consumer is intact confused as to the source of goods or services because of similarity between two marks
actual confusion
aspect of the functionality doctrine. product or packaging features that are not purely utilitarian, but are aesthetically pleasing and are an important ingredient in the commercial success of a product, may be considered de jure functional and therefore not eligible for trade dress or trademark protection
aesthetic functionality