Intellectual Property Flashcards
A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known
trademark
to protect manufacturers from losing business to rival companies that used confusingly similar trademarks
Lanham Act of 1946
allowed trademark owners to bring suits in federal court for trademark dilution
Federal Trademark Dilution Act
a doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses regardless of a showing of competition or a likelihood of confusion
dilution
further amended the law on trademark dilution in 2006
Trademark Dilution Revision Act (TDRA)
used without authorization
infringed
an additional meaning acquired by a non-distinct trademark through its commercial use
secondary meaning
refer to an entire class of products
generic terms
A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others
service mark
A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner’s goods or services
certification mark
A mark used by members of a cooperative, association, or other organization to certify the region, materials, mode of manufacture, quality, or accuracy of the specific goods or services
collective mark
The image and overall appearance of a product—for example, the distinctive decor, menu, layout, and style of service of a particular restaurant
trade dress
imitate trademarked goods
Counterfeit Goods
was enacted to combat counterfeit goods
Stop Counterfeiting in Manufactured Goods Act
A term that is used to indicate part or all of a business’s name and that is directly related to the business’s reputation and goodwill
trade name
an agreement, or contract, permitting the use of a trademark, copyright, patent, or trade secret for certain purposes
license
The party that owns the intellectual property rights and issues the license
licensor
the party obtaining the license
licensee
fees for the privilege of using the intellectual property
royalties
A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period
patent
occurs when someone makes, uses, sells, offers to sell, or imports a patented invention without the patent holder’s permission
Patent Infringement
triple the amount of damages awarded
treble damages
intangible property right belonging to the creator of the work
copyright
good for the creator’s entire life, plus 70 years
copyright
the unauthorized copying or use of anything that is copyrighted
Copyright infringement
The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time
copyright
has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship, including computer programs
copyright
governs copyrights
Copyright Act of 1976
mended the Copyright Act to include computer programs in the list of creative works protected by federal copyright law
Computer Software Copyright Act
It allows individuals to employ a copyrighted work for select purposes without purchasing or licensing the product and without violating an individual’s copyright
“fair use”
Information or a process that gives a business an advantage over competitors who do not know the information or process
trade secret
basically information of commercial value, such as customer lists, plans, and research and development
Trade Secret
makes the theft of trade secrets a federal crime
Economic Espionage Act
trade secret laws
Uniform Trade Secrets Act
a grant from the government that gives an inventor exclusive rights to an invention
patents
the right of an author or originator of a literary or artistic work, or other production that falls within a specified category, to have the exclusive use of that work for a given period of time
copyrights
any distinctive word, name, symbol, or device, or combination thereof, that an entity uses to distinguish its goods or services from those of others
trademarks
the owner has the exclusive right to tuse that mark or trade dress
trademarks
any information that a business possesses and that gives the business an advantage over competitors
trade secrets
states that similarity between one mark and the famous or previously registered mark gives rise to an association between the two marks
The Trademark Dilution Act
Whenever a trademark is copied to a substantial degree, intentionally or unintentionally
trademark infringement
Section 286 of the US Patent code sets how many years as the statute of limitations for filing an action for patent infringement?
6 years
To be protected under the Copyright Act, a work must be
original and fixed in a durable medium
extends to the human readable sections of the software such as high-level source code
copyright protection
is information that has value to a competitor
trade secret
is information that has value to a competitor like customer lists, plans and research and development
trade secrets
