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25 Cards in this Set
- Front
- Back
Whatis a trademark?
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word, phrase, symbol, or design (combination of above) that identifies and distinguishes the source of the goods of one party from those of others.
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What is a service mark?
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same as trademark, except that it identifies and distinguishes the source of a service rather than product
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What is a trade dress?
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refers to the product's look and feel
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How many years is a trademark good for a company? Person?
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95 years, 70 years after death
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What is intent-to-use?
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can file for a mark up to 3 yrs. in advance of starting your business
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What are the 3 sources of trademark law?
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1. International Treaties
2.Federal Laws 3. Common Laws 4. state laws |
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What is classified as mark infringement?
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the mark has created likelihood of confusion about the origin of defendent's goods or services
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What are some examples of fanciful or coined marks?
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Exxon and Kodak
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What are some examples of arbitrary marks?
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apple, mars
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What are some examples of suggestive marks?
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greyhound, sunkist
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Give an example of secondary meaning?
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Xerox used as a term for copying rather than machine.
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What are generic marks?
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protected but will lose protection because name is too general, i.e. monopoly
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What does dilution mean?
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refers to the blurring of a mark by which the connection of the consumers's minds which in turn weakens plaintiff's product
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What does tarnishment mean?
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the defendent's use is unsavory or wohlesome or that the mark is used in connection with inferior products
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Can you trademark a sound?
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Yes. NBC
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How do you keep your trademark from becoming generic?
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do not use verb or generic noun
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What does copyright mean?
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literally means "right to copy"
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When does a copyright exist?
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The moment a work becomes tangible.
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What does RP3D stand for?
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Reproduce
Perform Derive Distribute Display |
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How long does a copyright last?
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company 95 years after it hits market
120 after creation whichever comes first |
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What does copyright protect?
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Literary works
muscial works, accompanying words dramatic works accompanying music pantomimes and choreographic pictorial, graphic, and scupltural works motion pictures sound recordings architecture |
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What does DMCA stand for?
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Digital Millennium Copyright Act
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what is a 'poor man's copyright'?
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mailing yourself a copy of your own work
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can a copyright be transferred and owned seperately?
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yes
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what is work for hire
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work made while working for an employer or work so designated in the contract
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