Shared Flashcard Set

Details

IP
intellectual property assessment
32
Law
Graduate
02/07/2012

Additional Law Flashcards

 


 

Cards

Term
trademarks
Definition
brands
Term
patents
Definition

sciences

federal

Term
trade secrets
Definition
secrets
Term
copyright
Definition
arts
Term
Trademarks include:
Definition

name

logo

slogan

characters

collective (ABA)

certificaton (UL)

Term
patents include:
Definition

design

software

business method

utility

plant

non-obvious

Term
trade secrets include:
Definition

formula

device

method

concept

technique

process

method that derives its own $ value, ascertainable by proper means, & subject to reasonable security precautions

(e.g. contacts, future plans, locat client/sales)

 

Term
copyright includes:
Definition

literary

dramatic

pantomimes & choreography

pictorial, graphic & sculptural

motion pictures & audiovisual works

architectural works

musical works

sound recording

Term
collective (ABA)
Definition
organizations fall under collective marks
Term
certification (UL)
Definition
certification marks stamps with seal of approval
Term
design
Definition

only good for 14 years

not renewable

less expensive

just under $400

protect nonfunctional look of an item

Term
utility
Definition

new, useful & non obvious

starts at $795 for app

completely disclose how to make & sue your product

Term
plant
Definition

only good for 14 years

not renewable

only need to know they exist
Term
non-obvious
Definition
creative step
Term
resolving infringement
Definition

register

cease & desist letter

ADR

settlement (& release)

litigation

Term
copyright cannot protect
Definition

ideas

useful items

invention

method

process

facts

names

titles

short phrases

public domain

expired copyrights

forfeited copyrights

dedicated works

typefaces (may be registered to certain extent)

Term
copyright registration forms
Definition

SR

TX

SE

VA

PA

CO

Term
SR
Definition
protects sound recordings
Term
TX
Definition

text

protects lyrics, poetry, software code, nonfiction, & directions

Term
SE
Definition
protects series, volumes, issues, blogs
Term
VA
Definition

visual arts

generically protects 2D & 3D art

architecture blueprints if relevant

tribal masks

ship carvings

jewelry

Term
PA
Definition

performing arts

live, vocal & theatrical performances

choreography

broadcasts

scripts/screenplays/novels

Term
CO
Definition

new

collective form

used for past 3 yrs or so

meant to unite all categories & make app process easier

used as an online form

Term
fair use
Definition

purpose

nature

amount/portion

market impact

most common in 3 categories: commentary, parody, & education

Term
copyright remedies available
Definition

writ of seizure

injunction

damages

impounding & destroying infringing articles

attorney fees

criminal prosecution

fraudulent application = criminal fine

Term
trade dress
Definition
nonfunctional image/appearance
Term
levels of protection
Definition

fanciful

arbitrary

suggestive

descriptive

generic

Term
fanciful
Definition

greatest protection

creating while creating the brand

Term
arbitrary
Definition
pairing 2 words that wouldn't commonly be connected
Term
suggestive
Definition
recommend what the product is
Term
descriptive
Definition
either going to include a name or nickname
Term
generic
Definition

no protection

mark can die by genericide

-can be stripped of protection of brand becomes misused (e.g. every mp3 player being an 'iPod')

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