Term
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Definition
| Product formula, pattern, design, compilation of data, customer list, or other business secrets |
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Term
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Definition
| Federal crime to convert trade secret to his or her or other's benefit, knowing or intending that such an act would cause injury to owner of trade secret. Under act, trade secret definition is very broad. Severe criminal penalties |
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Term
| Federal Patent Statute of 1952 |
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Definition
| Federal Law exclusive: There are no state patent Laws |
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Term
| Gatt: 1994: WTO Changes to U.S. Patent Law |
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Definition
1. Patents for 20 years
2. Running from date patent filed instead of when patent issued. |
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Term
| Suit for Unauthorized use of Patent. Plaintiff can recover... |
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Definition
1. Money Damages
2. Other damages like loss of customers
3. Order requiring destruction of infringing article
4. Injunction
Treble damages if infringement was intentional. |
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Term
| One year on sale doctrine aka public use doctrine |
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Definition
| Must File Patent within one year of first use by public |
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Term
| 1998 Copyright term extension act |
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Definition
| Extended term of copyrights to author's life plus 70 years |
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Term
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Definition
Copying substantial and material part of plaintiff's copyrighted work without permission. plaintiff can recover
1. profits by infringer
2. Damages to plaintiff
3.Order for impoundment and destruction of infringing work
4.Injunction
5.Discretionary statutory damages $200 innocent infringements to $100,000 wilful infringements in lieu of damages |
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Term
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Definition
Certain Limited unauthorized uses ok:
1. Quotes for review or criticism in scholarly or technical work
2. Parody or Satire
3. Quote In news report
4. Reproduction by student or teacher in lesson
5. Incidental reproduction in newsreel or broadcast of event being reported
6. Reproduction in Legislative or judicial proceeding |
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Term
| Digital Millenium Copyright Act |
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Definition
| Different Rules for Digital and Nondigital Copyrighted works |
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Term
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Definition
| Prohibits any person from willfully infringing a copyright whether for economic gain or not, where value of copyright exceeds $1,000. Criminal Penalties: 1 year and $100,000 Fine |
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Term
| Computer Software Copyrights |
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Definition
| Source Code, Object code, mask can all be copyrighted |
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Term
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Definition
Legal protection for names, slogans and logos
Protect owner's investment and goodwill in mark and prevent consumer confusion as to Origin of Goods and Services. |
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Term
| Registration of Trademarks |
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Definition
Can register if:
1. Mark is in use; or
2. Applicant has bona fide intent to use mark within 6 months and actually use within 6 months
If you don't actually use within 6 months, lose mark |
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Term
| Trademark infringement. PL must show |
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Definition
1. D infringed PL's trademark by using it in an unauthorized manner
2. Such use likely to cause confusion, mistake, or deception of public as to origin of goods or services. |
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Term
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Definition
| Section 43(a) of lanham act protect "Look and feel" of the product. Refers to how it looks and packaging. |
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Term
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Definition
issue: must a restaurant's design have taken on a secondary meaning before protection as trade dress?
NO! Trade Dress is the total Image of a business. Trade dress of taco cabana is protected if either inherently distinctive or had acquired secondary meaning. |
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Term
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Definition
| World intellectual property organization, agency of The UN. Copyright treaty extends copyright protection to computer programs and WIPO Phonogram Treaty gives performers exclusive right to broadcast, reproduce, and distribute copies of performances. |
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