Term
| What is required to get patent protection? |
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Definition
Registration through patent and trademark office (limited natural persons).
Three characteristics:
1. Novel
2. Useful
3. Non obvious |
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Term
| What is required to get trademark protection? |
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Definition
Registration through PTO and/or state registration.
*Must be distinctive. |
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Term
| What is required to get trade secret protection? |
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Definition
| Nothing. It is not registered, it is just kept secret. |
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Term
| What are the different types of marks in trademark law? |
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Definition
Trademarks: Identifies goods intended for sale.
Service Marks: Identifies service bus.
Collective Marks: Membership orgs
Certification Marks: quality, etc. |
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Term
| What kinds of marks are inherently distinctive? |
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Definition
1. Faniciful: invented for product
2. Arbitrary: no relation to product
3. Suggestive: abstractly related to product |
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Term
| How does a mark this is only descriptive earn distinctiveness? |
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Definition
| They must develop a secondary meaning to earn trademark status. (Calvin Klein) |
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Term
| What is the name of the federal law that offers trademark protection? |
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Definition
| Trademark Act of 1946 (Landham Act) |
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Term
| What is the difference between trademark infringement and trademark dilution? |
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Definition
Infringement: Unauthorized use in a manner that is likely to confuse consumers about source of product.
Dilution: Lessening the capacity of a famous mark to distinguish goods or services (blurring or tarnishing them) |
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Term
| What does the Anti-Cybersquatting Consumer Protection Act prohibit? (looking for specifics) |
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Definition
| Prohibits the use of a domain name that is identical or confusingly similar to a mark that was distinctive at the time of registration WITH the intent to trick consumers or sell the domain. (bad faith intent to profit) |
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Term
| How can you post a gripe site without being accused of cybersquatting? |
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Definition
1. Must not be used to confuse consumers (make it clear that it is not their site)
2. Must not be used in connection with goods and services |
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