Term
Any agreement between employer and employee, has to be what, to be effective?
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Definition
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Term
Are there any protections for a trade secret?
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Definition
Only that they are a secret
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Term
What is off market use?
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Definition
Prescribing a drug for a use it hasn't been made for
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Term
Are Trademarks: State, Federal, or Both?
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Definition
State and Federal
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Term
Are Patents: State, Federal, or Both?
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Definition
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Term
Are Copyrights: State, Federal, or Both?
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Definition
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Term
Are Trade-Secrets: State, Federal, or Both?
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Definition
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Term
What are Patents?
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Definition
They allow for a limited Monopoly (for aprox. 17 years), and it creates an incentive as it can create a block on a market and help to recover costs.
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Term
A patent is protected from the date of what?
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Definition
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Term
Patent holders have to do what?
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Definition
Police their own patent
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Term
What defines patent infringement?
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Definition
To make, use, or sell something of which you do not have the permission to do so, of which this something is patented.
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Term
What can be patented?
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Definition
Something that is unique, useful, and not obvious.
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Term
What must a design patent have?
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Definition
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Term
What are Design Patents For?
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Definition
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Term
What are Utility Patents For?
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Definition
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Term
What is a Plant Patent For?
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Definition
Genetically engineered plants
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Term
What is a Method Patent For?
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Definition
A Patent for The Steps of Anything
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Term
Can you patent a natural product?
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Definition
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Term
What are Trademarks associated with?
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Definition
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Term
What are Servicemarks associated with?
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Definition
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Term
What is a Trade Dress Associated With?
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Definition
How something looks
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Term
What is a Trademark?
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Definition
A distinctive word, symbol, sound, design, smell, and potentially color.
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Term
What is a Trademark for?
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Definition
Identifying the source of the good or service, distinguishing it from other goods and services.
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Term
What is the analysis for identifying a Trademark?
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Definition
Would this good or service confuse a reasonable consumer based on the context?
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Term
What determines how high of a the standard of the analysis for identifying a Trademark?
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Definition
How hobby and directed based, a good or service is.
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Term
What is Unclean Hands?
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Definition
You can't sue, because you are just as dirty.
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Term
To keep a trademark, you have to do what?
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Definition
Keep the trademark in use, and re-up for the trademark.
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Term
What does the Lanham Act Cover?
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Definition
Trademarks, Trade Dress, Etc.
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Term
What is a Common Law Trademark?
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Definition
So many people know about your trademark, that essentially it is unregistered, but allowed to be a trademark, however it is restricted to your geography.
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Term
What can never be trademarked?
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Definition
Something generic, something unrecognized but descriptive, arbitrary/meaningless,something that suggests what a product is but doesn't describe it,
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