Term
| Can a trademark be obtained for an operating manual for a product? |
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Definition
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Term
| What is a trademark infringement? |
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Definition
When someone unintentionally or intentionally copies a distinctive mark, motto, device, or implement that a manufacture stamps, or prints without authorization.
ex. Someone uses the Mcdonalds symbol in their fast food restaurant without permission. |
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Term
| What is a patent infringement? |
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Definition
When a firm makes, uses, or sells another's patented design without permission.
ex. Someone starts selling the microwave oven without the inventor's permission. |
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Term
| What is a copyright infringement? |
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Definition
Whenever a form or expression of an idea is copied.
Reproduction doesn't have to be the same or exactly the same.
Only if a substantial amount is reproduced its not allowed.
ex. copying someone's music lyrics |
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Term
| Can you get a trademark for a generic phrase? |
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Definition
| No, Aol sued At&t for using "You Got Mail" but these words can be used generically so they lost. |
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Term
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Definition
A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.
ex. "Grown in Idaho" |
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Definition
trademark used to distinguish services (rather than products) of one person or company from those of another.
ex. Airline's symbols, MGM's lion's roar |
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Term
| Three possible penalties for copyright infringement. |
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Definition
| actual damages, statutory damages, or criminal offenses leading to fines or imprisonments |
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Term
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Definition
Protects business processes and information that are not, or cannot be patented, copyrighted, or trademarked. Extends to both ideas and expressions (no registration needed)
ex. Coke Cola formula |
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Term
| What is a Trips Agreement? |
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Definition
| This establishes standards for international protection of intellectual property rights. Each member (countries) have to abide by the international law. Annexed by WTO |
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Term
| For how long does a trademark registration provide protection? |
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Definition
| 10 years, but must be renewed in the 5th or 6th year |
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Term
| For how long does a patent provide protection? |
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Definition
| 14 years for designs. 20 years for inventions. and protects person who first invents it, not registers. |
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Term
| For how long does a copyright provide protection? |
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Definition
Life of author plus 70 years.
Publishing house = 45 years of publication
120 years from creation |
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Term
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Definition
Image or overall appearance of the product. Can include either all or part of the total image. Distinctive decor, menu, layout or style.
ex. Fish shape of cracker, Gucci shaped G |
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Term
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Definition
When members of the cooperation or other organization associates with company. Usually appears at the end of a motion picture.
ex. CPA = certified public accountants
ex. roaring lion |
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Term
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Definition
This prohibits unauthorized use of the same mark on competing or noncompeting but "related" goods or services"
ex. Sambucks's name is close to starbucks and also provides the same services (serve coffee) so it would confuse people. Not allowed. |
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Term
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Definition
A way to use another person's trademark.
Agreement or contract permitting trademark |
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Term
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Definition
copyrighting without paying royalties
ex. for commercial nature, or nonprofit educational purpose, or for amount of work helping market |
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