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Legal Exam 3 Flashcards

1
Q

Trade Secrets

A

must be secret and reasonably kept that way

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2
Q

Demonstrate Missapropration

A

Improperly acquired (burglary, hacking, breach of duty)

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3
Q

Utility Patent

A

focus on FUNCTION, 20 years from FILING

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4
Q

Design

A

focus on APPEARANCE/FORM 15 years from ISSUE

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5
Q

Plant

A

20 years from filing

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6
Q

America Invents Act

A

switched from first to invent to first to file

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7
Q

What is used to scrutinize the validity of patents

A

Subject Matter

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8
Q

What is subject matter for patents

A

Process, Machine, Article of Manufacturer, Composition of Subject Matter

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9
Q

What is NOT subject matter for patents

A

laws of nature, natural phenomena, abstract ideas, math

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10
Q

Novelty Patent Characteristic

A

new/diff from prior art

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11
Q

Non-obviousness Patent Characteristic

A

ability of invention to produce surprising/unexpected results with POV of experts in the fields

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12
Q

Utility Patent Characteristic

A

must do something useful (only for utility patent)

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13
Q

Can trademarks be taken away

A

yes, if generic

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14
Q

Trademark

A

word, pic, design, attached to GOODS to indicate source (Nike)

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15
Q

Service Mark

A

associated with a service (LinkedIn)

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16
Q

Certification Mark

A

used by other than owner to certify quality of goods/service (USDA Organic)

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17
Q

Collective Mark

A

represent membership in organization/association (NFL)

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18
Q

Trade dress

A

look/design of product like color or shape (Coke Bottle)

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19
Q

What is required to use a persons name for trademark

A

if on PTO supp reg for 5 year and there is secondary meaning

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20
Q

Federal Trademark Dilution act

A

prohibits use of mark similar/same as a FAMOUS one that dultes

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21
Q

Blurring

A

usage of mark to blur (Rolex Microwaves)

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22
Q

Tarnishment

A

negative impression about famous company

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23
Q

Copyrights

A

protect create expression for limited time

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24
Q

Fair use defense

A

copyright is not for criticism, comment, news reporting, teaching, scholarship, research

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25
composition
song lyrics
26
master
recorded sound (spotify, radio)
27
default rule abroad
no protection
28
mens rea
mental state @ the time - guilty mind
29
actus rea
actual physical act of committing the crime; voluntary and conscious
30
is sleep walking and then doing a crime guilty?
no
31
felony
grand jury indictment; fine or imprisonment of 1+ years
32
misdemeanor
government files INFORMATION
33
Nolo contendere
sentencing as if guilty, avoid cost of trial
34
white collar crime
illegal in professional setting for harming business for personal growth
35
reliance
civil you need; criminal you just need the person to intend to rely
36
wire fraud
use electronic communication
37
counterfeiting
use unauthorized access device; bank cards, plates, codes ($1000 min and obtained in one year)
38
bankruptcy
concealment is intentional misrep withholding of fact does not matter if it is successful
39
conspiracy
another charge; need OVERT ACT all persons in the group
40
false statement to bank
financial info lying about material fact
41
false statement to federal agency
related to material matter
42
larceny
shoplifting
43
roberry
violence
44
burglary
breaking with intent of felony
45
embezzlement
entrusted but use for self; write checks for self
46
racketeering
need at least 2 (murderr, arson ,fraud, etc)
47
Cyber Crime
computer without authorization for classified data
48
Electronic Theft
hackers steal money, secrets, records, issue stock to self
49
Identity theft
commit fraud for new identity
50
Endangering workers
violating OSHA causing death, advanced notice of inspection, falsifying docs CAN'T USE ASSUMPTION
51
Bribery
federal official, fixing a game
52
kickbacks
payments made to person facilitating transaction
53
4th amendment
you need a warrant before searching
54
4th amendment exc
consent, vehicle, evidence in view, exigent (threat/destroy), police making arrest, airport
55
5th amendment
grand jury determine probable cause to go to trial
56
right to remain silent
must enact, does not include business records ECP sole-proprietorship
57
double jeopardy
New Evidence (NOT criminal/civil and different states)
58
Sole Proprietorship
simplest form; created and controlled by one owner PROS: creation is least expensive, not taxed as an organization, owner in total control CONS: tied directly to will, unlimited liability to obligations
59
General Partnership
2+ persons for common interest PROS: creation automatic/modified, low cost, taxed at partner lvl, equal voice, more than state w/o license, less regulation CONS: Limited # can be partners, dissolved when partner ceases, equal voice (deadlocks), joint & several liability, taxed on share of profits
60
Corporations
entity created under state law PROS: perpetual existence, shareholder death/sale no effect to structure, limited personal liability, allows large # owners, workers comp, unequal shares CONS: charter for application of incorporators, costly, license, double taxation, gov regulations
61
LLC
62
Closely Held
few persons family; owned
63
Publicly Held
hundreds thousands of persons, stock traded on public exchange
64
if limited certification not fild/updated
treated as general partner
65
Used by professionals
limited liability partnership
66
Domestic Corp
Inc GA POB GA
67
Foreign Corp
Inc GA POB Fl
68
Alien Corp
Inc MEX POB USA
69
piercing corporate viel
exception to owners liability to debts extent of stock; commingling of corporate & personal asset
70
Pros of LLC
non-taxable, flexible, membership not limited to individuals
71
Cons of LLC
articles of org filed with sate, transfer restricted
72
Corporation files
Articles of Incorporation
73
LLC Files
organization
74
Actual authority
expressed to agent
75
Implied authority
incidental from history/position
76
Apparent
perceived by agent but NOT there; must tell grocery store that not allowed
77
tort liability
agent who casuses harm; test was it in SCOPE OF EMPLOYMENT
78
Limited Partnerships
not responsible for debts, NOT involved in operations, can assign interest w/o dissolving, certificate must be filed
79
General Partner
personally liable for debts, manage and control
80
Limited Liability Partnerships
All partners have some liability, general, operations, taxes @ partner level, used by professionals
81
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Legal (13 decks)

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