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| fruits of ones mind--result of mental creativity rather than physical effort |
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| distinctive mark, word, design, picture or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer |
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| mark used in conjunction with service |
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| mark affixed to a good, its packaging, or its labeling |
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| A mark identifying the producers as belonging to a larger group, such as a trade union |
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| mark licensed by a group that has established certain criteria for use of the mark, such as "UL Tested" or "Good Housekeeping Seal of Approval" |
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| the overall appearance and image of a product |
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Term
1. the trade dress is primarily nonfunctional
2. the trade dress is inherently distinctive or has acquired a secondary meaning
3. the alleged infringement creates a likelihood of confusion |
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Definition
| To succeed on a claim of trade-dress infringement, a party must prove: |
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Term
| Federal Trademark Dilution Act of 1995 |
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| prohibits the use of "distinctive" or "famous" trademarks even without a showing of consumer confusion |
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| protect the expression of creative ideas; they do not protect the ideas themselves, but protect only the fixed form of expressing ideas |
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1. Fixed form
2. Original
3. Creative |
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| provides that a portion of copyrighted work may be reproduced for purposed of "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, and research |
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1. the purpose and character of the use, including whether such use is of a commercial nature or is for non profit educational purposes
2. the nature of the copyrighted work
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. the effect of the use on the potential market for or value of the copyrighted work |
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Definition
| Copyright Act requires that the court weigh the following factors: |
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Definition
| protects a product, process, invention, machine, or plant produced by asexual reproduction |
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1. Novel
2. Useful
3. Nonobvious |
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| illegal; when the holder of a patent issues a license to use the patented object only if the licensee agrees to buy some nonpatented product from the holder |
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| illegal; when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use his or her patent without the others consent |
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Definition
| a process, product, method of operation, or compilation of information that gives a business person an advantage over his or her competitors--protected by common law from unlawful appropriation by competitors as long as it is kept secret and consists of elements generally not known to the trade |
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Term
1. a trade secret actually existed
2. the defendant acquired it through unlawful means, such as breaking into the plaintiff's business and stealing it or securing it through misuse of a confidential relationship with the plaintiff or one of the plaintiff's present or former employees
3. the defendant used the trade secret without the plaintiff's permission |
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Definition
| In order to enjoin a competitor from continuing to use a trade secret and/or to recover damaged caused by the use of the secret a plaintiff must prove: |
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| International Protections of Intellectual Property |
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Definition
| Berne Convention of 1886, Universal Copyright Convention of 1952, 1971, The Paris Convention of 1883, 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights |
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