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Flashcards in Ch 8 Class Notes Deck (19):
0

Patents are file with the...

US PTO

1

4 main types of intangibles

1 copyrights
2 patents
3 trademarks
4 trade secrets

2

Which intangible is not registered?

Trade secrets

3

Trade marks

Distinctive motto or emblem

Identifies maker of goods or provider of services in the market
Place

4

Distinctive

Arbitrary, fanciful, secondary meaning or suggestive is what's
Looked for by courts

Ex. Apple, Xerox, Starbucks

5

Generic names are...

Not protected under the Landman Act

6

Trademark dilution (under trademark dilution act 1995)

Liability if trademark is used similarly

7

Patents

New, nonobvious invention, gives government sanctioned
monopoly to make and use for 20 years

Available to those that work in industry and are experts in the
Field

8

Disclosure: patents

Must disclose what you invent with patents

9

Patents: after 20 years

After 20 years patent goes generic

10

Patent infringement, defensively?, offensively?

When party copies patent, defensively you can seek injunction
To stop party from copying

Offensively make party enter a licensing agreement to make party
Pay you royalty to use your patent

11

Copyright

Expression of ideas,

protection starts as soon as produced in fixed tangible medium
(In writing, recording, painting)

12

Don't get standing to sue in courts under copyright act unless...

How much in damages can you recover if you have standing?

You register your work with copyright office

If registered you can recover $150,000 statutory damages

13

It's best to recover damages if you register copyright...

Before infringement occurs

Difficult to prove damages if you haven't registered

14

Trade secrets

Give company competitive advantage in industry, not filed

Protected through documented pattern of documents by owner
Of trade secret

Ex. Coke didn't file patent, because everyone would know
ingredients in coke after 20 years

15

If you disclose trade secrets to another company, you need to make sure...

They sign a strong confidentiality agreement

16

Patents protect...

Ideas (machines)

17

Copyrights protect...

The expression of ideas if ideas

(Operating manual on how to use something)

18

Trademark protects

Name