Trademark
Prevent consumer confusion
What is the key goal of Trademark law?
20 years from filing date
What is the duration of patent protection?
Sound Recording and Musical Work
What are the two types of copyrightable works relevant to music?
Reasonable Precautions
What are the steps you must take in order to have a protectable trade secret?
Classes
What is the system the USPTO uses to organize registered trademarks?
Claim
What is the portion of the patent document that sets the outer boundaries of the invention?
Access and Substantial Similarity
What are the two requirements for a finding of copyright infringement?
Economic value from being a secret
What is one of the statutory characteristics of a trade secret?
Very important, but not necessary for gaining enforceable trademark rights
What is trademark registration?
Provisional patent application
What is the preliminary filing that enables the patent applicant to get an earlier filing date by up to one year?
Criticism, Comment, News Reporting, Teaching, Scholarship, Research
What are examples of fair uses of third party copyrighted works?
Potentially indefinite
What is the duration of trade secret protection?
Quality control
What is the process by which a trademark owner ensures the consistent use of its trademark by the owner and by others
Availability of invention to the public
What is the trigger of the 1-year grace period in the US to file utility application?
Registration of copyright
What is a requirement for bringing a copyright claim in federal court and seeking statutory damages?
Google search algorithm, KFC recipe, Coke recipe, NYT definition of best seller
What are some famous examples of trade secrets?
Trademark Manual of Examining Procedure
What is the EXTREMELY helpful USPTO guide for legal and procedural questions relating to the trademark registration process?
Right to exclude
What is the key right that patent owners have with respect to their invention?
Public performance by means of digital audio transmission
What is the sole public performance right for the owner of the copyright in a sound recording?
Reverse engineering, independent invention
What are some methods of discovering another party's trade secret that do not constitute misappropriation?