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21 Cards in this Set
- Front
- Back
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Lanham Act (Federal Trademark Act) |
Protects investment in a mark. Prevents confusion as to the origin of the goods/services. Registration not required but can be valuable. |
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"TM" vs Circle R |
Unregistered trademark protected under common law vs. registered trademark protected under Lanham Act |
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Benefits of trademark registration |
1.People know it is yours 2.Use of circle R 3.Customs Bureau protection against knockoffs 4.Prima Facie (presumed) evidence of right to use mark 5.Can use federal courts to enforce mark 6.After five years, mark use cannot be challenged 7.10 year term can be renewed without limit |
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Trademark dilution |
Form of infringement regardless of the presence or absence of confusion of the mark with someone else's. Trademark Dilution Revision Act protects against this. Can only be used for famous marks. |
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Federal Copyright Law |
Protection to original works of authorship in any tangible medium of expression (only protects form of expression not idea itself) Registration not needed but provides benefits (pg 50) Protection lasts duration of authors life plus 70 years Copyright Notice (circle C) not required but advisible |
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Requirements to have copyright |
1. Has to be original work 2. Must be in tangible form 3. Must be the owner of the of the original work (if you sign a contract for a company or another person "works for hire rules" it could belong to the company or other person and not you) |
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Cyber law Perspective to copyright |
Software is usually licensed to you so you sign a licencing agreement and if you break the agreement you can be sued. You don't own the software. |
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Arista Records v Limewire |
Downloading music without paying is copyright infringement. (pg 52) |
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Exclusive rights with copyright |
1. Reproduce copies 2. Prepare derivative works 3. Distribute copies of the work* 4. Perform or display publicly the work *see First Sale Doctrine Also see pg 53-54 for infringement (notes written) |
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First Sale Doctrine |
The purchaser of a copyrighted work can sell or give away the work but can't reproduce copies of it. Does not apply to licensed things like software. |
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No Electronic Theft Act |
It is a federal crime to reproduce or distribute electronically copyrighted material |
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Digital Millennium Copyright Act |
Illegal to delete copyright information or distribute false copyright info, break the encryption of digital works, and manufacture or distribute technologies, products or services designed for breaking (circumventing) encryption protection. |
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Patents |
Property right to make, use, or sell an invention to the absolute exclusion of others for the period of the patent (20 years except for design patents) |
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Statutory requirements for Patent |
1. Useful 2. Novel 3. Be Non-obvious (like you can't change the shape of a light bulb and try to patent that. this is obvious) |
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One year rule for Patents |
If this happened more than one year before the patent application is filed then you are prevented from getting a patent: 1. Patented or described in a printed publication anywhere in the world 2. In public use in the US 3. "On Sale" in the US 4. Subject to patent application by another in another country issued before US patent was filed. |
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Elements Necessary to have an enforceable contract |
1.Offer/acceptance 2.Competent parties 3.Consideration (there has to be a bargain of exchange. each party must receive from the other legal value) 4.Legal subject matter or object (not violate the law) |
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Vending Machine Contracts |
No negotiations/No documents |
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Handshake Contracts |
Negotiations/some or no documents |
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Internet/Amazon/Dell/Automated Contracts |
Telephonic/Internet communications/computer communications/standardized terms |
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Standardized Forms Contracts |
Some or no negotiations/one-sided forms |
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Lawyer-Involved Contracts |
Negotiations/custom documents |
