Term
| What is Intellectual Property? |
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Definition
| "This is any property resulting from intellectual, creative processes, including information in books, computer software, movies, music, etc." |
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Term
| Why and how does the US Constitution protect intellectual property? |
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Definition
| This protects your right to benefit or profit from your own ideas by passing laws to assure authors and inventors exclusive right to their works. |
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Term
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Definition
| "This is a distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to goods it produces." |
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Term
| What is the benefit of a trademark to business and consumers? |
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Definition
| "They provide for easy identification of a product and its origins, and indicates consistent quality of product from a specific producer." |
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Term
| What levels of government protect trademarks? |
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Definition
| Both the State and Federal government protect them. |
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Term
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Definition
| This act protects manufacturers from losing business to rival companies that use confusingly similar trademarks. |
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Term
| What is the Federal Trademark Dilution Act? |
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Definition
| This act extends the protections available to trademark owners by creating a federal cause of action for trademark dilution. |
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Term
| What is meant by Trademark dilution? |
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Definition
| This is proved by showing that an infringing user's mark reduces the value of the famous mark or lessens its capacity to identify goods and services. |
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Term
| How does one register a trademark? |
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Definition
| "One must file an application with the US Patent and Trademark Office in Washington, DC." |
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Term
| What must be true for a mark to be registered? |
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Definition
| For this to happen a mark (1)must currently be in commerce or (2)will be put into commerce within six months |
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Term
| How often may a Trademark be renewed? |
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Definition
| "Between the 5th and 6th year, and every 10 years thereafter" |
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Term
| What is meant by a strong mark? |
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Definition
| "Fanciful, arbitrary, or suggestive trademarks taken from outside the context of the particular product (ex. - Xerox, Kodak, iPod)" |
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Term
| What is meant by Secondary meaning? |
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Definition
| "Descriptive terms, geographic terms, and personal names which are not inherently distinctive and do not receive protection until they acquire this." |
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Term
| What types of terms cannot be registered as Trademarks? |
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Definition
| "Generic terms for a class of product, like 'bicycle' or 'computer'." |
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Term
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Definition
| This is similar to a trademark but is used to distinguish the services of one person or company from those of another. |
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Term
| What is a certification mark? |
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Definition
| "This is used by one or more persons other than the mark's owner to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods or services." |
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Term
| What is a collective mark? |
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Definition
| "This is a certification mark used by members of a cooperative, association, or other organization" |
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Term
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Definition
| "This is used to indicate part or all of a business's name, whether the business is a sole proprietorship, a partnership, or a corporation" |
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Term
| When can a tradename be protected as a trademark? |
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Definition
| "When it is also used as a trademark or a service mark, this qualifies for regitration and protection." |
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Term
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Definition
| This is the image and overall appearance of a product. |
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Term
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Definition
| This is a trademark used in cyberspace. |
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Term
| The Anticybersquatting Consumer Protection Act does what? |
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Definition
| "This act makes it illegal for a person to ""register, traffic in, or use"" a domain name (1) identical or confusingly similar to another's trademark and if (2) there is a ""bad faith"" intent to profit from ownership of the domain" |
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Term
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Definition
| This is a keyword in the code of a web page that is used to index web sites in internet search engines. |
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Term
| When doe metatags violate trademark laws? |
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Definition
| "These violate trademark laws when they use trademarks without permission, especially when used to draw web traffic to a site other than the trademark owner/s" |
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Term
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Definition
| "This is an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain purposes." |
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Term
| What protection does a patent give? |
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Definition
| "This is a grant from the government giving an inventor the exclusive right to make, use, and sell an invention." |
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Term
| How long does a patent last? |
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Definition
| This lasts for a period of 20 years from the date of filing the application |
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Term
| What must an invention be to be patentable? |
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Definition
| "In order to qualify for this protection, an invention, discovery, process, or design must be genuine, novel, useful, and not obvious in the light of current technology" |
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Term
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Definition
| "The US grants these to the first person to invent a product or process, even if someone else files for it first." |
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Term
| Why can't software be patented? |
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Definition
| "This cannot be patented because it does not meet the ""novel"" and ""not obvious"" requirement" |
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Term
| What is patent infringement? |
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Definition
| "This occurs when a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission" |
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Term
| Give an example of a business process patent. |
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Definition
| "Amazon's ""One-click"" ordering system, and Walker Digital's ""Dutch auction"" system which led to the creation of Priceline.com are two examples of this type of patent." |
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Term
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Definition
| This is an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions. |
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Term
| What specific rights are protected by copyright law? |
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Definition
| "This law prohibits reproduction, adapting, display, public distribution, or public performance of a protected work." |
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Term
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Definition
| "This protection is extended to works which are original, and ""fixed in a durable medium"" from which it can be perceived, reproduced, or communicated. Registration is not required, protection is automatic." |
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Term
| What cannot be copyrighted? |
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Definition
| "Ideas are not protected, but the particular way in which that idea is expressed may be protected by this." |
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Term
| What acts constitute copyright infringement? |
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Definition
| "This occurs whenever the form or expression of an idea is copied. If a substantial part of the original is reproduced, it is considered a violation." |
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Term
| What kinds of penalties can be levied against copyright infringers? |
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Definition
| "Penalties for this include Actual Damages, Statutory Damages up to $150k, and Criminal proceedings which may result in fines and/or imprisonment" |
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Term
| What is the fair use exception to copyright law? |
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Definition
| "This exception allows a person or organization to reproduct copyrighted material without paying royalties for purposes such as criticism, comment, news reporting, teaching, scholarship, or research." |
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Term
| What does the Computer Software Copyright Act of 1980 protect? |
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Definition
| "Under this act, the code and organization of logic in a program is protected, but the look and feel visual aspects of a program usually are not." |
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Term
| What is the No Electornic Theft Act? |
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Definition
| "This act extends criminal liability for the piracy of copyrighted materials to persons who exchange unauthorized copies of copyrighted works, even though they realize no profit from the exchange" |
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Term
| When has disclosure of a Trade Secret violated the law? |
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Definition
| When (1) The secret is disclosed or discovered by improper means or (2) the disclosure or use constitutes a breach of duty owed to the other party |
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Term
| What does the Economic Espionage Act provide? |
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Definition
| This act made the theft of trade secrets a federal crime |
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Term
| What does the Berne Convention of 1886 provide? |
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Definition
| Every country which has signed this convention must recognize the author's copyright on their book published in any of the other countries who have signed it |
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Term
| What does the Madrid Protocol of 2003 provide? |
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Definition
| "This protocol allows a US company wishing to register its trademark abroad to do so, in up to 61 countries, with a single application" |
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Term
| What does the TRIPS Agreement provide? |
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Definition
| "This agreement established standards for the international protection of intellectual property rights, including patents, trademarks, copyrights for movies, computer games, books, and music." |
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