Trademarks & Service Marks
What is the definition of a service mark ?
It identifies a service. (i.e., an airline or dry cleaner).
What is the definition of "copyright"?
The exclusive right given by federal statue to the creator of a literacy or an artistic work to use, reproduce, and display the work
Who was the first administrator of the United States' patent system and was the author of the Patent Act of 1793.
Who is Thomas Jefferson.
What is the definition of a trade secret ?
Any formula, device, or compilation of information that is used in one’s business and is of such a nature that it provides an advantage over competitors who do not have the information.
What has patents been granted for?
Patents have been granted for computer programs; for example, a method of using a computer to translate from one language to another has been held patentable.
What is the definition of a trademark?
mark that identifies a product. (i.e. such as an utomobile or soap)
What is "Copyrightable"?
Copyrights protect literacy, musical, dramatic, and artistic work
What are the three types of patents?
Utility, Design & Plants Patents
When secret business information is made ,what? It loses the protection it had while secret.
what is when secret business is made public
Computer programs, chip designs, and mask works are protected from infringement, to what degree?
With varying degrees of success by federal statutes, restrictive licensing, and trade secrecy.
What is "The Lanham Act"?
A federal law that grants a producer the exclusive right to register a trademark and prevent competitors from using that mark.
What is the 'Act" called that was enacted to curb the pirating of software and other copyrighted works, such as books,films, videos, and recordings, by creating civil and criminal penalities for anyone who circumvents encryption software.
What is the 'Digital Millennium Copyright Act'?
What is " The word, the owner of a patent is required to mark the patented item or device using the word"?
patent
Which "Act" applies to the stealing or purchasing of trade secrets by U.S. companies or individuals who intend to convert trade secrets to the economic benefit of anyone other than the owner.
The federal Industrial Espionage Act of 1996.
For example, what patents have been granted for computer programs?
A method of using a computer to translate from one language to another has been held patentable.
Individuls who register and set up domain names on the Internet that re identical, or confusingly similar, to existing trademarks that belong to others or are the personal names of famous persons are called .....?
What is Cybersquatters.
What is the four nonexclusive factors that the statue lists for courts to use in assessing whether an alleged infringer is entitled to a fair use of defense:
(1) The purpose and character of the use, including whether such use is of a 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 of the use on the potential market for or value of the copyrighted work
What are "The four categories of subject matter for patent eligibility from the Section 101 of the 1951 Patent Act" ?
(1) processes,
(2) machines,
(3) manufacturers, and
(4) compositions of matter.
What is the definition of "Mask Work"?
refers to the specific form of expression embodied in chip design, including the stencils used in manufacturing semiconductor chip products.
What is a "semiconductor chip product "?
is a product placed on a piece of semiconductor material in accordance with a predetermined pattern that is intended to perform electronic circuitry functions.
To prevail in an FTDA case, the plaintiff must prove what two factors?
(1) that it s mark is famous (2) that another's use of the mark impacts the distinctiveness of its mark through blurring or tarnishment .
What is "Title II of the DMCA provides a "safe harbor" for Internet Service Providers (ISPs) from liability for direct, vicarious, and contributory infringement of copyrights provided the ISP"?
(1) does not have actual knowledge of the infringing activity or expeditiously removed access or the problematic material upon obtaining knowledge of infringing activity
(2) does not receive financial benefit directly attributable to the infringing activity, and
(3) responded expeditiously upon notification of the claimed infringement.
Under infringemnet, who has the the right to make, use, or sell the invention?
The Patent Owner
Under, the federal Industrial Espionage Act of 1996, corporations may be fined up to how much or twice the value of the secret involved?
$10,000
These restrictions commonly prohibit the licensee from providing, in any manner whatsoever, the software to third persons or subjecting the software to reverse engineering
Restrictive Licensing