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GB110 > quiz 2 > Flashcards

quiz 2 Flashcards

1
Q

define intellectual property

A

product or result of mental process that is given legal protection against unauthorized use.

usually intangible, embodied in a tangible object

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2
Q

patent

A

provides right to prevent others from using, making, selling an invention

exclusive monopoly for short period of time

  • the most protection out of the 4
  • duration limited by statute, federally protected
  • cannot be reverse engineered or independent creation

whole process is open to public

LONGEST PROCESS. EXPENSIVE
ex. can be a recipe

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3
Q

copyright

A

right to prevent others from copying an original work of authorship.

DOES NOT PROTECT THE IDEA ITSELF FACTS OR INFO. many people can have the same idea, but how they express it is different.
only when someone copes the other person.

ex. book ,film, music recording, choreography, gym routines
- duration limited by statute
- copyright lasts very long
- federally protected

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4
Q

trademark

A

word, symbol, name device or combo used by a manu. or merchant
TO IDENTIFY and distinguish its goods from others’ goods

  • rights expire if not renewed. good for 10 years, year 6 u have to confirm
  • both federal and state law
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5
Q

trade secret

A

any secret and valuable business info
gives business an advantage over its competitors that do not know the info. uniqueness is not important

business and commercial info that has commercial value. info not in public domain

largely state law. there is federal act

ex. product formula, CUSTOMER LIST!!!

  • others may reverse engineer or independently invent
  • you have to show that you are keeping it a secret
    LASTS AS LONG AS YOU CAN MAINTAIN THE SECRET
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6
Q

what does a trademark notify consumers of

A

name of a product or service, where it comes from, who is responsible for its creation

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7
Q

federal lanham act 1946

A

provides additional federal protection for trademarks

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8
Q

what are the 3 things trademark owners can sue under

A

1 - state common law of unfair comp.
2 - state trademark statutes
3 - federal lanham act

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9
Q

what is a certification mark

A

type of TM

  • mark used in commerce by a person other than the owner
  • certify that goods or services of others have certain characteristics

ex. adhering to certain quality standards, region of origin

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10
Q

collective mark : membership mark

A

indicate membership of a group w common goal

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11
Q

collective mark : trademark or service mark

A

adopted by collective org. for use by members selling ind. goods / services
- same purpose as certification mark

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12
Q

what does federal trademark register give u

A

NOT REQUIRED TO FEDERAL REGISTER!

  • constructive notice of use of mark
  • right to sue in federal court for infringement
  • right to seek assistance from U.S. customers service in preventing importation of articles, bearing infringing marks
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13
Q

intent to use trademark application

A

you are not using it, but plan to in 6 months

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14
Q

trademark infringement

A
  • likelihood of confusion
  • consumers are likely to be confused as to origin or sponsorship
  • marks are similar, products are SIMILAR
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15
Q

trademark dilution

A

has NOTHING TO DO WITH LIKELIHOOD OF CONFUSION
- blurring or tarnishment can harm TM owner interests
similar mark, different product

value of the mark down bc consumers will no longer associate mark only with original party.

  • parties not direct competitors
    ONLY FAMOUS MARKS!
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16
Q

arbitrary TM distinctiveness

A

real words used in an uncommon way.
word has nothing to do with the product.
AMAZON, YAHOO

17
Q

fanciful TM distinctiveness

A

not a word

UBER, SPOTIFY

18
Q

suggestive TM distinctiveness

A

mark and product have an association you have to think about
holiday inn

19
Q

descriptive TM distinctiveness

A

not distinctiveness but grows to be

MCDONALDS

20
Q

generic TM distinctiveness

A

marks which become generic name for product or service.

NO PROTECTION!

21
Q

cybersquatting

A

bad faith registration of an internet domain name that contains the trademark of another

22
Q

typosquatting

A

registration of domain names that contain intentional misspellings

23
Q

pros of registering ur copyright fdereally

A

not required.
but can be used to defend against infringement claims .
cannot sue before registering the copyright

protected automatically only if it is fixed in a tangible medium.

24
Q

actual and statutory damages copyright

A

actual damages : loss caused by infringement OR the profits deriving from the infringement, whichever is bigger

statutory :
only if work is registered.

25
Q

4 factor test to evaluate if copying is fair use

A 
PANE
1 - purpose and character of use
2 - amount of work copied 
3 - nature of the work 
4 - effect on market for the work
MUST PASS ALL
26
Q

USPTO

A

united states patent and trademark office

27
Q

2 types of patents

A

utility - last for 20 years from the application date !!!!!! cannot be renewed.FOR FUNCTION

design - last for 15 years from the date it is issued. cannot renew
- dealing with decorative beauty

28
Q

utility patents categories

A

CAMPI

1 - composition of matter (new chemical compound)
2 - articles of manufacture (simple objects w no moving parts)
3 - machines (anything with moving parts)
4 -processes
5 - improvements upon any existing 4 categories

29
Q

3 elements for a utility patent that it has to be. have to prove to USPTO

A

new - not previously discovered or known to the public

useful - does the invention have a beneficial use?

non - obvious :::::: will the invention be obvious to someone skilled in that field?

30
Q

3 elements for a design patent that have to be proven

A

new - not previously discovered or known to the public

original - you are the person who came up with it.

ornamental - is it for its pure design, nothing to do with function

31
Q

uniform trade secrets act

A

adopted in 46 states

other states use common law or have their own versions

32
Q

what is the word used instead of trade secret infringement

A

TRADE SECRET APPROPRIATION

use of a trade secret of another or learning of a trade secret by improper means

33
Q

how does misappropriation of trade secrets occur 2 WAYS

A

1 - employee or other person with duty of confidentiality wrongfully discloses / uses the trade secret
2 - competitor wrongfully obtains the trade secret info (stealing, hacking)

GB110 (5 decks)

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