Chapter 5 - intellectual property and internet law
a distinctive word, symbol, or design that identifies the manufacturer as the source of the goods and distinguishes its products from those made or sold by others.
What is required for a trademark to be protected by Lanham Act of 1946 and the Federal Trademark Dilution Act of 1995
the trademark must be sufficiently distinctive from all competing trademarks.
How does trademark infringement occur
one uses a mark that is the same as, or confusingly similar to, the protected trademark, service mark, trade name or trade dress of another without permission when marketing goods or services.
Define Cyber Marks
Trademark in cyberspace.
When one person uses, in a domain name or in meta tags, a name that is the same as, or confusingly similar to, the protected mark of another.
a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years from the date when the application for a patent is filed. To be patentable, an invention must be genuine, novel, useful, and not obvious in light of current technology.
How does patent infringement occurs
when one uses or sells another's patented design, product, or process without the patent owner's permission
What can someone do if their patent was used or sold (Patent infringement)
Sue the infringer in federal court and request an injunction, but must prove irreparable injury to obtain a permanent injunction against the infringer.
Request damages and attorneys' fees.
If the infringement was willful, the court can grant treble damages.
an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions.
When does copyright infringement occur and what is an exception
whenever the form or expression of an idea is copied without the permission of the copyright holder.
Exception applies if the copying is deemed a "fair use"
What is the digital millennium copyright act of 1998
to protect copyrights in digital information
What can the court hold website that provide file-sharing liable for?
contributory and vicarious copyright liability
Define Trade secrets
customer lists, plans, research and development, and pricing information
What protects trade secretes
Economic Espionage Act of 1996 theft of trade secret is a federal crime
What are some international protection for intellectual property
Landmark agreement - 1994 agreement on trade-related aspects of intellectual property rights. Provides for enforcement procedures in all countries signatory to the agreement.