Term
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Definition
o Protects your brand
o Name, logo, etc.
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Term
How long is Trademark protection for? |
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Definition
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How much does it cost to register a trademark? |
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Definition
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Term
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Definition
Non-functional image/appearance
o Distinctive unique appearance, serves no purpose (just image)
§ Ex: the coca-cola bottle
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Term
What are the two types of Trademarks? |
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Definition
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Definition
§ Fast
§ Cheaper
§ Protects only within state
§ TM super script used at the end of name
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Term
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Definition
§ Protects you across the U.S.
§ More expensive
§ Takes up to 18 months
§ ® can be used only when federally issued
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Term
Requirements for selecting a mark |
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Definition
o Sounds like
o Meaning (including international)
o Appearance
o Similarity
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Term
What are the different levels of name protection? |
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Definition
- Fanciful
- Arbitrary
- Descriptive
- Generic
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Term
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Definition
- Provides greatest level of protection
- occurs when a word is made up
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Term
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Definition
o Two words with zero connection that are paired together
§ Ex: apple computers
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Term
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Definition
Divisions:
§ Item explains the product
ú Ex: Shake n’ Bake
§ name
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Term
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Definition
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Term
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Definition
blur, tarnish or whittle a mark’s distinctiveness even if in different class |
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Term
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Definition
Taking away all money associated with funds gained from knockoff
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Term
how do you protect your mark? |
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Definition
· Police your mark
· Keep licensees to your standards
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Term
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Definition
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Term
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Definition
- New
- useful
- non obvious
- Covers anything that is functional, serves as a purpose
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Term
How long is a utility patent for? |
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Definition
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How much does it cost to file a utility patent license? |
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Definition
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Term
How long does it usually take a utility patent to register? |
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Definition
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Term
At what level are utility patents protected? |
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Definition
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Are utility patents renewable? |
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Definition
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Term
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Definition
o Protects design (artistry) not the function
o Good for 14 years
o Not renewable
o Under $400 to register
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Term
What are the wrights of a patent owner? |
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Definition
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Term
True or False, Patents grant a monopoly? |
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Definition
True, a limited monopoly for 14-20 years |
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Term
What is considered a trade secret? |
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Definition
Something that:
o Derives its own value as secret
o Ascertainable by proper means (Has a method)
o Subject to reasonable security precautions
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Term
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Definition
· Vendor/customer database
· Network contacts
· Future projects
· Method or technique
· Marketing plans
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What must happen for there to be Misappropriation |
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Definition
· Trade secret exists
· Acquired illegally or via a confidential relationship
· Unauthorized use of secret
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Term
When is reverse engineering legal or illegal? |
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Definition
o legal for trade secrets
o Illegal for patents
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Term
How do you safeguard a secret? |
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Definition
· Ensure that employees do not bring “illegal” secrets
· Safeguard & limit access to information
· Non-compete & nondisclosure agreements
· Exit agreements
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Term
What do Copyrights protect? |
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Definition
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Term
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Definition
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Term
What does a Trade Mark protect? |
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Definition
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Term
What does a Trade Secret protect? |
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Definition
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Term
What are the copyright foundations? |
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Definition
· Value
· Law (original & fixed in tangible medium)
· Protections (Life + 70)
· Owner is original creator unless otherwise noted/contract
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Term
What is needed to copyright something? |
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Definition
· Original
· Has to be fixed
· Has to be in a tangible medium
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Term
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Definition
· Literary
· Dramatic
· Pantomimes & choreography
· Pictorial, graphic & sculptural
· Motion pictures & audiovisual works
· Architectural works
· Musical works
· Sound recordings
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What cannot be copyrighted? |
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Definition
· Ideas
· Useful items
· Invention, method or process
· Facts
· Names, titles, short phrases
· Public domain, expired copyrights, forfeited copyrights
· Dedicated works
· Typefaces*
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How much does it cost to file a copyright? |
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Definition
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Term
What do you buy with a copyright? |
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Definition
o Federal notice
o Easier identification of copyright owner
o Enforcement tools – access to court, statutory damages & attorneys’ fees
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Term
What are the 5 exclusive rights of a copyright holder? |
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Definition
- Reproduction
- adaptation
- publication
- performance
- display
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Term
How do you prove infringement? |
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Definition
Need to show
o Access
o Similarities
o Lay observers
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Term
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Definition
· Attack ownership of copyright
· Attack access
· Attack similarities
· Fair use
· Merger doctrine
· De minimis
· Estoppel – justifiable reliance
· Unclean hands
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Term
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Definition
· Writ of seizure - 10% bond of value
· Injections - Orders to stop
· Damages
· Impounding & destroying infringing articles
· Attorney fees
· Criminal prosecution
· Fraudulent application = criminal fine
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Term
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Definition
· Register
· Cease & desist letter
· ADR – Alternative Dispute Resolution
· Settlement & release
· Litigation
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