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26 Cards in this Set
- Front
- Back
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trademark
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words, pictures, designs, or symbols used to idendity a product. Distringuishes product in the marketplace
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lanham trademark act
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creates incentives for companies to invest; prevents unjust enrichment of companies who infringe; trademark owner can collect acuall damages plus profits that infringer wrongully recvied plus destruction of the goods
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trade dress
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colors shapes and designs associated with a product; same protection as trade marks
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service mark
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similar to trademark but used to distinguish services of one person/company from another
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certification mark
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used to certify the region materials, etc. of specific goods or services. For exmple" Good housekeeping seal of approval"
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collective mark
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Used by an organiztion or association
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trade names
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term used to indicate part or all of a businesses name and that is directly related to the businesses' reputation and goodwill. Trade nams are protected under comon law (and under trademark law if the name is the same as firms trademarked product
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trademark dilution
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when a trademark is used, without authority in away that diminishes the quality of the mark
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patent
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a government grant that gives an inventor the exculisve right or privilege to make, use, or sell his or her invention for 20 years. Patents for designs last only 14 years
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what is not patentable
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laws of nature, natural phenomenon, abstact ideas
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remeides for patent infringement
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injunction, monetary damages, and attorney fees and cost. Patent holders are not automatically entitled to an injuction against future infringing activities
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copywright
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intangible property right granted by federal statuete to creator of a literary or artistic production of a specified type; works created after 1978 have automatic protection for life of author plus 70 years
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how long do copywrigts last for pubishing houses
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expire 95 years from publication or 120 years from creation
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protected expression
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only the expression of an idea can be copyrighted - not the idea itself. To be protected a work must be "fixed in a durable medium". Proection is automatic, registration is not required
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are ideas copywrightable
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no
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are compilations of fact copywrightable
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yes but the compilation must be original
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fair use doctrine
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section 107 provides for exception to liability from reproduction of copywright under the "fair use " doctrine when material is used for criticsim, comment, new, teaching, and research
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how to determine fair use exception
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what impact did it have on demand for copyrighted material
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first sale doctrine
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owner of a lawfully made copy can sell or dispose of the copy without the copyright owners consent
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trade secrets
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customer lists, customer information, data processe in a certain way. Data may not or should not be copyrighred, patented
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Unifrom trade secrets act
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protects employers from having former employees take trade secrets to new employer
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industrial espionage act
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makes it a federal crime to transfer trade secrets to another
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The TRIPS agreement
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created the world trade organization, each member country must include in its domestic laws broad IP protection and enforcemnet measures
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madrid protocol
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allows a single country can appl for simultaneous trademark protection in all membe countries
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knock off goods
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goods carrying trademarks that are not produced by the trademark holder
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gray market goods
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actual trademark goods that are sold without authorization of trademark holder
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