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24 Cards in this Set
- Front
- Back
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-A distinctive mark, motto device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces to distinguish them from the goods of other manufacturers.
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Trademark
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-Any property that results from intellectual, creative processes
- the products of an individual's mind |
Intellectual Property
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-A trademark may be registered with a:
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State and Federal government
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T/F trademarks do not need to be registered to be protected.
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True
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Requirements for Federal Registration
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A trademark may be filed with the U.S. Patent and Trademark Office on the basis of 1) use or 2) the intent to use the mark within 6 months (which may be extended to 30 months).
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Renewal of Federal Registration Requirements
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Between the fifth and sixth years and then every ten years (twenty years for marks registered before 1990).
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-this occurs when a trademark is copied to a substantial degree or used in its entirety by another
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Trademark Infringement
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-used to distinguish the services of one person or company from those of another
-registered in the same manner as trademarks |
Service Marks
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-the image and appearance of a product, and has the same protection as trademarks
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Trade Dress
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-these indicate a businesses name
-cannot be registered with the federal government but may be protected under the common law if they are used as trademarks or service marks |
Trade Names
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-is a part of an Internet address
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Domain name
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-occurs when a person registers a domain name that is the same as, or confusingly similar to, another's mark and offers to sell it to the authentic mark's owner.
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Cybersquatting
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-permitting a party to use a mark, copyright, patent, or trade secret for certain purposes, which may need to include the maintenance of quality to protect the licensor's rights...use for other purposes is a breach of the license agreement
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Licensing
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-a grant from the federal government that conveys and secures to an inventor the exclusive right to make, use, and sell an invention for a period of twenty years (14 years for a design)
-used to protect pharmaceuticals |
Patent
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-making, using, or selling another's patented design, product, or process without the patent owner's permission
-making and selling a patented product in another country is not |
Patent infringement
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-an intangible right granted by statute to the author or originator of certain literary or artistic productions
-protection is automatic;registration is not required |
Copyright
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-examples of things to copyright
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-textbooks
-novels -songs -beats |
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-if a work is copied without the copyright holder's permission
-a copy does not have to be exactly the same as the original-copying a substantial part of the original is enough |
Copyright infringement
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-permits the fair use of a work for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research
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The Copyright Act
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Factors to be considered when determining fair use:
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1) the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2) the nature of the copyrighted work 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole 4) the effect of the use upon the potential market for or value of the copyrighted work |
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T/F: It is a crime to exchange pirated, copied, copyrighted materials, even if no orofit is realized from the exchange, and to copy works for personal use without the owners' authorization.
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True
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-include customer lists, formulas, plans, research and development, pricing information, marketing techniques, production techniques, and generally anything that provides an opportunity to obtain an advantage over competitors who do not know or use it
-not on file with the government -example: coke recipe and fracking -just as protected as any other intellectual property |
Trade Secret
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Trade secret protection
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-protection extends both to ideas and their expression
-liability extends to those who misappropriate trade secrets by any means -trade secret theft is a violation of the common law and most statutes (based on the Uniform Trade Secrets Act), and federal crime (under the Economic Espionage Act of 1996) |
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T/F: The nature of technology (especially e-mail) undercuts a firm's ability to protect it's confidential information, including trade secrets.
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True
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