LEGL 2700 Chapter 11

Question 1

What does article 1, section 8, clause 8 of the Constitution establish?

Answer 1

gives congress the power to let authors and inverts the exclusive right to their respective writings and discoveries

Question 2

what are trade secrets?

Answer 2

any form of knowledge or information that has economic value from not being known to others or ascertainable by proper means. the owner has to make reasonable efforts to maintain secrecy

Question 3

what type of law are trade secrets protected by?

Answer 3

common law

Question 4

how do you win a trade secrets case?

Answer 4

establish that a trade secret exists and demonstrate misappropriation

Question 5

How do you establish the existence of a trade secret?

Answer 5

the info must be secret and the business must take reasonable measures to keep it a secret

Question 6

what are examples to establishing the trade secret?

Answer 6

lock written material
secure computer-stored knowledge
regulate visitors
ask employees, customers, and business partners to sign a non disclosure agreements
impose confidentiality restrictions

Question 7

how to demonstrate misappropriation?

Answer 7

misappropriation occurs when one improperly acquires or discloses secret info

Question 8

what are examples of misappropriation?

Answer 8

burglary, espionage, computer hacking, breach of duty

Question 9

what are remedies for civil misappropriation?

Answer 9

injunction and monetary damages

Question 10

what are the remedies for criminal misappropriation via 18 USC 1832 (theft of trade secrets) ?

Answer 10

up to 10 years in prison and up to 5 million in fees

Question 11

what are patents?

Answer 11

in associate with an inventive act, and conveys a right to exclude others from making, selling, or importing the covered invention

Question 12

where are patent laws found?

Answer 12

under title 75 of the US Code

Question 13

what are the steps to applying to the US Patent and Trademark Office?

Answer 13

pay filing fee
explain invention
show difference from prior art
descrive patentable aspects
file application

Question 14

what is patentable subject matter?

Answer 14

process, machine, article of manufacture or composition of matter (or improvement thereto)

Question 15

what certain categories of subject matter cannot be patented?

Answer 15

1. laws of nature
2. physical phenomena
3. abstract idea

Question 16

what are characteristics of patents?

Answer 16

novelty, nonobvious, and utility

Question 17

what does novelty mean?

Answer 17

something that is new and different from prior art

Question 18

what does nonobvious mean?

Answer 18

ability of an invention to produce surprising or unexpected results

Question 19

what is utility?

Answer 19

must do something useful, new, nonobvious, useful processes, machines, compositions of matter or improvements thereof

Question 20

what are the types of patents?

Answer 20

utility, design, plant

Question 21

how long is the term for a utility patent?

Answer 21

20 years from filing date

Question 22

what is a design patent?

Answer 22

new, original and ornamental design for an article of manufacture

Question 23

how long is the term for a design patent?

Answer 23

15 years from issue date

Question 24

what is a plant patent?

Answer 24

new variety of plant that can be reproduced asexually

Question 25

how long is a plant patent term?

Answer 25

20 years from filing date

Question 26

how are patents enforced?

Answer 26

patent owner can sue infringer for induction and/or damages and validity of patent can be challenged during litigation

Question 27

what is Alice Corp. v CLS Bank?

Answer 27

plaintiffs filed lawsuit against Alice Corp. claiming that its patents for a system to settle financial transaction were invalid

Question 28

What was the holding on Alice Corp. v CLS bank?

Answer 28

no

Question 29

what is the Alice 2 step test?

Answer 29

determine whether the invention covers inenligible concept. if not, consider whether it add something sufficiently inventive to transform the claims into something more than the concept itself

Question 30

what are trademarks?

Answer 30

marks on what is produced to represent the origin of goods and services, protects consumers against confusion

Question 31

what act covers trademarks?

Answer 31

Lanham Act of 1946

Question 32

what is an example of a trademark?

Answer 32

nike swoosh

Question 33

what is a service mark?

Answer 33

a mark associate with a service

Question 34

what is an example of a service mark?

Answer 34

LinkedIn logo

Question 35

what is a certification mark?

Answer 35

a mark used by someone other than the owner to certify the quality of a good or service

Question 36

what is an example of a collective mark?

Answer 36

NFL Logo

Question 37

what is a collective mark?

Answer 37

mark represents membership in a collective organization

Question 38

what is a trade dress?

Answer 38

the look of design of a product or service

Question 39

what is an example of a trade dress?

Answer 39

design of a coke bottle

Question 40

how is a civil trademark enforced?

Answer 40

trademark infringement claim

Question 41

how is criminal trademark enforced?

Answer 41

manufacturing and trafficking counterfeit products in a crime

Question 42

what can the defendant argue against a trademark?

Answer 42

the mark is not distinctive there is a little chance of the public being confused the use if a fair use

Question 43

what is the federal trademark dilution act?

Answer 43

prohibits the usage of a mark same as or similar to another's trademark to dilute its significance reputation and goodwill

Question 44

what is blurring?

Answer 44

when usage of a mark blurs distinctiveness of a famous mark

Question 45

what is tarnishment?

Answer 45

when usage of a mark creates a negative impression about the famous company

Question 46

what is a copyright?

Answer 46

property right in creative expression that protects creators work must be original

Question 47

how must a copyright be fixed?

Answer 47

in tangible medium of expression

Question 48

when does copyright protection attach to written work?

Answer 48

as soon as it is put into that tangible medium of expression

Question 49

how is civil copyright enforced?

Answer 49

copyright infringement

Question 50

how does an author establish civil copyright infringement?

Answer 50

register with the copyright office AND establish that defendant violated his or her exclusive rights of: reproduction, creation of derivative works, distribution, performance, and display

Question 51

what is piracy?

Answer 51

large-scale copyright infringement

Question 52

how long does individual copyright protection last?

Answer 52

lasts for your lifetime plus 70 years

Question 53

how long does company copyright protection last?

Answer 53

the longer of 120 years from creation or 95 years from publication

Question 54

what are the fair use defenses?

Answer 54

criticism news reporting scholarship comment teaching research

Question 55

what is MGM Studios v Grokster (2005)?

Answer 55

One who distributes a device with the object of promoting its use to infringe copyright is liable for the resulting acts of infringement by the 3rd parties