Trade Secrets
any formula, pattern, machine, or process of manufacturing used in one's business that may give the user an opportunity to obtain an advantage over its competitors
trade secret
types of patents
utility, design, and plant
types of trademarks
trademark, service mark, certification mark, collective mark
owner has to establish that defendant violated his/her exclusive rights of: reproduction, creation of derivative works, distribution, performance and display
copyright enforcement
a term referring to the wrongful taking of what belongs to an owner; often used in intellectual property law
misappropriation
characteristics of patents
novelty, nonobviousness, and utility
a legal doctrine giving someone ownership of a distinctive overall appearance or look and feel of a product or service
trade dress
gives federal protection to works of a literary, dramatic, musical, graphic, choreographic, audio, or visual nature from the moment the work is created
Copyright Act of 1976
enacted in all states except New York and North Carolina to protect trade secrets
Uniform Trade Secrets Act
non-producing patent owners who impose high costs by enforcement
patent trolls
prohibits usage of a mark same as or similar to another's trademark to dilute significance, reputation, and goodwill
Federal Trademark Dilution Act
illegally reproduced copies of copyrighted work
piracy
act that considers stealing trade secrets a crime. punishments is fines and up to 10 years imprisonment for individuals
economic espionage act
steps to obtain a patent
1. file application
2. filing fee
3. explain invention
4. show difference from prior art
5. describe patentable aspects
6. evaluation by the patent examiner
when usage of a mark blurs distinctiveness
blurring
_____ includes copying for criticism, comment, news reporting, teaching, scholarship, or research
fair use
trade secret owners can acquire an injunction and obtain damages from people who misappropriate
civil enforcement
exclusive right to invention
a patent
when usage of a mark creates a negative impression about the famous company
tarnishment
prevents production or sales of a product of service designed to circummvent technological protections
digital millennium copyright act