TRADEMARKS AND SERVICE MARKS
WHAT IS A TRADEMARK?
A trademark identifies a product
If a business pays someone to create the
work, what is the amount of years the copyright is good for?
runs for 120 years
from creation (95 from publication)
Fair use” allows limited use of copyright materials based on?
Purpose and character of the use
Nature of the work; amount used
The effect on the use on the markets or value
What are Utility patents granted for?
Granted for a new process,
machine, manufacture, composition or
improvement for 20 years.
Describe trade Secrets
Any formula, device, or compilation of
information used in one’s business that
provides an advantage over competitors
who do not have that information
Under the Madrid Protocol, owners of
marks registered with the U.S. Patent and
Trademark Office can register and protect
their mark in HOW MANY COUNTRIES?
60
What Is Copyrightable?
Literary, musical, dramatic, and artistic
works
What is Secondary Liability for Infringement?
Entities that distribute devices designed to
infringe copyrights are liable for the
infringement
What do plant patents protect?
Protects inventors of
asexually reproduced new plant varieties
for 20 years
what is the criminal sanction against a business when it comes to trade secrets?
Fines up to $500,000 or twice the value of
the proprietary information; up to 15 years in
prison
WHAT IS THE TRADE DRESS PROTECTION?
When a competitor adopts a confusingly
similar trade dress, it dilutes the mark and
deceives consumers.
When a business hires a freelancer to
create a copyrightable work, the “work for
hire” is owned by who?
owned by the business
What is the Digital Millennium Copyright Act?
Enacted in 1998 to curb pirating of
software and copyrighted works
To receive a patent, the invention must be
_____
new and not obvious.
What is Copyright Protection of Computer
Programs
A Written programs that has the same protection
as any other copyrighted mat
DEFINE The Federal Trademark Dilution AcT
The Federal Trademark Dilution Act
provides a cause of action against the
commercial use of another’s mark when it
results in dilution of its distinctivenesS
List three exclusive rights that copy right holders have ?
Reproduce the work
• Prepare derivatives from the original work
• Distribute copies of recordings of the work
• Publicly perform the work
• Publicly display the work
Copyright holder may _____or ______
rights and collect royalties
assign, license
What are the four categories of
Patentability
processes, machines,
manufactures, and compositions of matter
When secret business information is made
public, it loses the _______ it had while
secret.
protection
WHAT IS A CYBERSQUATTER UNDER THE TRADEMARK RIGHTS?
Set up identical or
confusingly similar domain to existing
trademarks.
If a ____ creates software for a fixed
fee without a contract setting forth the
ownership, the ______owns the work.
Freelancer
Title II provides _______for ISPs from
liability in limited circumstances.
safe harbor
Describe the The America Invents Act 2011
is a major U.S. patent reform law that replaced the first-to-invent system with a first inventor-to-file framework
Under Supreme Court’s “doctrine of
equivalents,” infringers may not___________?
avoid liability
by substituting insubstantial differences for
some elements of the product or process