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THESE THREE REQUIREMENTS MUST BE SATISIFIED TO QUALIFY FOR COPYRIGHT PROTECTION IN THE UNITED STATES.
THESE ARE THE FIVE REQUIREMENTS FOR PATENTABILITY IN THE UNITED STATES.
WHAT ARE PATENTABLE SUBJECT MATTER, UTILITY, NOVELTY, NONOBVIOUSNESS AND ENABLEMENT?
THESE TWO REQUIREMENTS MUST BE SATISIFIED TO BE ELIGIBLE FOR TRADEMARK PROTECTION.
WHAT ARE "IN USE" AND "DISTINCTIVE"?
THESE ARE THE THREE ESSENTIAL ELEMENTS OF A TRADE SECRET MISAPPROPRAITION CLAIM.
WHAT ARE:
1. THE SUBJECT MATTER OF THE CLAIM IS A SECRET.
2. THE HOLDER OF THE CLAIM MUST ESTABLISH THAT REASONABLE PRECATIONS WERE TAKEN TO PRESERVE SECRECY.
3. THE HOLDER OF THE CLAIM MUST ESTABLISH THAT THE SUBJECT MATTER OF THE CLAIM WAS MISAPPROPRIATED OOR UNLAWFULLY TAKEN.
FOR MOST IP PHILLY ATTENDEES, THESE TWO DOCUMENTS GOVERN THEIR CONDUCT IN DEALINGS WITH CLIENTS, OTHER LAWYERS, THE COURTS AND THE USPTO.
WHAT ARE THE PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT AND THE USPTO RULES OF PROFESSIONAL CONDUCT?
THIS DEFENSE TO A CHARGE OF COPYRIGHT INFRINGEMENT MAY BE AVAILABLE TO CRITICSM, COMMENTARY, NEWS AND PARODY.
WHAT IS THE FAIR USE DEFENSE?
THE JUDICIAL EXCEPTIONS TO THE FOUR CATEGORIES OF SUBJECT MATTER DEFINED AS "INVENTIONS PATENTABLE" BY THE U.S. PATENT STATUTE.
WHAT ARE ABSTRACT IDEAS, LAWS OF NATURE AND NATURAL PHENOMENA?
THE FOUR CATEGORIES RECITED BY 35 SUC 101 ARE "ANY NEW AND USEFUL PROCESS, MACHINE, MANUFACTURE, OR COMPOSITION OF MATTER, OR ANY NEW AND USEFUL IMPROVEMENT THEREOF".
THE US TRADEMARK OFFICE WILL NOT REGISTER TWO OF THESE: SOUNDS; COLORS; SHAPES; CONFUSINGLY SIMILAR MARKS; DISPARAGING MARKS; GENERIC MARKS; SCENTS.
WHAT ARE CONFUSINGLY SIMILAR MARKS; GENERIC MARKS?
IN 2006, SEVERAL OF THIS BEVERAGE COMPANY'S EMPLOYEES WERE ACCUSED OF ATTEMPTING TO SELL INFORMATION ABOUT UPCOMING PRODUCT LAUNCHES AND MARKETIUNG STRATEGIES TO ITS ARCH COMPETITOR, LEADING TO FBI ARRESTS.
WHO IS COCA-COLA?
AFTER PLEADING THAT THEY WERE UNAWARE THAT ITS CONTENTS COULD BE FALSE, THIS FEDERAL COURT SANCTIONED LAWYERS FOR SUBMITTING A BRIEF THAT CITED NON-EXISTENT CASES GENERATED BY Chat GPT.
WHAT IS THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISRICT OF NEW YORK?
THE TERM OF COPYRIGHT PROTECTION FOR WORKS CREATED BY AN INVIDUAL AFTER JANUARY 1, 1978.
WHAT IS THE LIFE OF THE AUTHOR PLUS 70 YEARS.
THIS FORMER FEDERAL CIRCUIT JUDGE GRANTED SUMMARY JUDGMENT OF INVALIDITY WHILE SITTING BY DESIGNATION AT THE DISTRICT COURT, AND WAS REVERSED BY THE FEDERAL CIRCUIT.
WHO IS CHIEF JUDGE RADER?
IP PHILLY IS NOT INFRINGING ANY VALID AND ENFORECABLE TRADEMARK RIGHTS FOR ITS USE OF THE WORD "JEOPARDY" IN THIS PRESENTATION BECAUSE OF THIS DOCTINE.
WHAT IS THE DOCTRINE OF TRADEMARK FAIR USE?
Trademark fair use allows for comparative advertising, news reporting, parodies, and criticisms without seeking permission from the trademark owner.
THIS DEFENSE TO A CHARGE OF TRADE SECRET MISAPPROATION CAN BE INVOKED WHEN THE ACCUSED LEARNED OF THE ALLEGED TRADE SECRET MERELY BY DISASSEMLING A PUBLICLY AVAILABLE PRODUCT.
WHAT IS REVERSE ENGINEERING?
IP LAWYERS IN PARTICULAR MUST CONSIDER THESE TWO TYPES OF CONFLICT OF INTEREST WHEN TAKING IN CLIENTS.
WHAT ARE PERSONAL CONFLICTS AND SUBJECT MATTER CONFLICTS.
THIS FORM OF HOME TV RECORDING WAS THE SUBEJCT OF A SUPREME COURT CASE INVOLVING THE FAIR USE DEFENSE.
WHAT IS BETAMAX?
IN ALICE V. CLS BANK, THE SUPREME COURT OVERRULED THE NOTION THAT THIS IS THE SOLE TEST FOR DETERMINING WHETHER A COMPUTER-IMPLEMENTED INVENTION FOR TRANSFORMING DATA IS CONSIDERED PATENT ELIGIBLE.
WHAT IS THE "MACHINE OR TRANSFORMATION TEST" OF IN RE BILSKI?
HARRY TRUMAN
WHO SIGNED THE LANHAM ACT INTO LAW?
THIS 18TH CENTURY LUTHIER AND CRAFTSMAN MADE CERTAIN MUSICAL INSTRUMENTS FOR THE POWERFUL AND WEALTHY THAT WERE KNOWN FOR THEIR DEEP RED VARNSIH COLOUR AND EXCEPTIONAL SOUND BY A PROCESS ONLY RECENTLY DISCOVERED AFTER EXTENSIVE ATTEMPTS TO REPLICATE IT.
WHO IS ANTONIO STRADAVARI
A LAW FIRM MUST BE HELD JOINTLY RESPONSIBLE FOR VIOLATIONS OF FRCP 11(B) ("REPRESENTATIONS TO THE COURT") COMMITTED BY ANY OF THESE PEOPLE.
WHO IS A PARNER, ASSOCIATE OR EMPLOYEE.
THIS COMPANY WAS SUED BY A&M RECORDS, INC. IN 1999 FOR OPERATING INTERNET SERVERS THAT ALLOWED THE PUBLIC TO SHARE COPYRIGHTED MUSIC.
WHAT IS NAPSTER?
UNDER THIS DOCTRINE, A DEFENDANT CANNOT BE HELD LIABLE FOR INDUCING INFRINGEMENT OF A PATENT METHOD CLAIM WHEN NO SINGLE ENTITY HAS DIRECTLY INFRINGED THE CLAIM, EVEN IF ALL STEPS OF THE CLAIM ARE PERFORMED BY MULTIPLE ENTITIES.
WHAT IS DIVIDED INFRINGEMENT (OR AKAMAI V. LIMELIGHT)?
THIS TRADEMARK LAWYER WAS ORDERED TO COMPLETE AN ANGER MAMANGEMENT PROGRAM AFTER LEAVING ABUSIVE VOICE MAIL MESSAGES WITH 3 TTAB JUDGES AFTER RECEIVING AN UNFAVORABEL DECISION.
WHO IS BRUCE TASSAN
THIS STATUTE PROVIDED A FEDERAL CAUSE OF ACTION FOR TRADE SECRET MISAPPROPRIATION EVEN IN THE ABSENCE OF DIVERSITY JURISDICTION OR AN INDEPENDENT FEDERAL CAUSE OF ACTION.
WHAT IS THE DEFEND TRADE SECRETS ACT OF 2016?
THIS PA RULE OF PROFESSIONAL CONDUCT STATES THAT A LAWYER "SHALL NOT REPRESENT A CLIENT", AND "SHALL WITHDRAW FROM" REPRESENTING A CLIENT, IF "THE CLIENT INSISTS UPON TAKING ACTION THAT THE LAWYER CONSIDERS REPUGNANT OR WITH WHICH THE LAWYER HAS A FUNDAMENTAL DISAGREEMENT".
WHAT IS PA RULE OF PROFESSIONAL CONDUCT 1.16(b)(4)?