Chapter 8 Intellectual Property Rights Flashcards Preview

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Flashcards in Chapter 8 Intellectual Property Rights Deck (42):
1

Actual damages + profits of infringer

Copyright

2

1) injunction
2) actual damages plus profits of infringer
3)destruction of infringing articles
4)costs and attorney fees

Trademark (service mark, trade dress)

Registration with state/fed gives notice

3

Monatary damages for misappropriated

UTSA also permits pundit art damages if willful plus cost and attorney fees

Trade secret

4

First person to file gets protection

Patent

Must be novel, useful, and not obvious in light of current technology

5

Mark motto device, stamped printed affixed so origin may be known

Trade mark

6

Essentially a trade mark but used to identify a service rather than a good

Service Mark

7

Sugests quality, origin, mode of transportation, materials, characteristics

Cerification Mark

8

Image overall appearance ( subject to same prosecution as TM

Trade dress

9

All or part of a business name

May be protected as a trademark of it is the same as trademark

Trade name

10

To protect businesses from losing business to rival companies using confusingly similar TMs

Lanham act

Provides remedies for those who wish to enforce their claim in federal court.

Amended to protect from TM dilution

11

tDRA

Trademark dilution revision act

12

For plaintiff to state a claim under TDRA ( trademark dilution revision act)
4 things

&paintiff owns famous Mark (distinctive
& Deff. Has began using * Mark in commerce
& similarity gives rise to association
& association is likely to impair distinctiveness or harm rep. Of famous Mark

13

SCMGA

Stop counterfeiting in manufactured goods act

14

sCMGA stop counterfeiting in maid actuated goods act

Makes it a crime to

Traffic/ attempt to traffic counterfeit goods

Knowingly use counterfeit Mark in connections with goods + services

15

If U.S. citizen or citizen of another country publishes material in a member nation of ---- every country that has signed must recognize authors copyright

Berne convention

16

Sets standards for INTERNATIONAL protection of intellectual property rights

Each member of WTO must provide its domestic laws w/ broad intellectual property rights

+effective remedies including civil and criminal ( forbids discrimination against foreign owners)

The TRIPS agreement

17

International treaty signed by 86 countries

Makes it easier to register a TM abroad

Owner designates in which countries it would like to register its TM

The Madrid protocol

18

ACTA

ANTI Counterfeiting trade agreement

International treaty to combat counterfeiting and piracy on Internet

19

Whenever a trademark is copied by another to a substantial degree or in its entirety

Trademark infringement

20

The most portent statutory protection for trademarks is the

Lanham act

21

Can a color scheme qualify for trademark protection

Yes

22

A Mark used by a cooperative association of other organization to verify the region, quality or accuracy of spefic goods or services

Collective Mark

23

A Mark used in the sale of services to distinguish the services of one person from the services of others

Service Mark

24

Patents generally last for

20 years

25

Unless a trade name is used as a trademark or service Mark it cannot be registered with the federal government

True

26

The first person to file a patent application receives protection under the....

America Invents Act

27

To be patentable an invention must be

Novel, useful, and not obvious

28

Patent infringement is a crime

T or F

False

29

When determining fair use

The effect of the material on the potential market is often the most important factor for the courts consideration

True

30

In 1980 congress passed ..... Which amended the copyright act to include computer programs

Computer software copyright act

CSCA

31

Most state laws with respect to protection of information or a commercial value are based on the

Uniform trade secrets act

32

The ---- allows a U.S. company to register its trademark abroad by submitting one application and designating in which countries the TM shall be registered

Madrid protocol

33

Under the ----- when a U.S. Citizen writes a book every signatory to that, recognizes the authors copyright

Berne convention

34

Established standards for international protection or patents, trademarks and copyrights

Trips agreement

35

2011 a number of nations signed the------- to combat piracy and global counterfeiting

Amit-counterfeiting trade agreement

36

Monetary damages, royalties, lost profit , attorneys fees

Treble damages for intentional infringement

Patent

37

Copyright law protects niether concepts nor processes

True

38

What avenue is there for registering a trade name internationally

The Madrid protocol

39

In general copyright owners are not protected against use of their works

True

40

State and federal gov provide for the registration of trademarks

T or F

True

41

An applicant cannot register a trademark on the basis of intent to use the Mark in commerce

T or F

False

42

Trade dress is subject to the same legal protection as trademarks

True