Business Law Chapter 5

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  1. Define Trademark
    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.
  2. 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.
  3. 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.
  4. 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.
  5. Define Patent
    • 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. 
    • Computer software.
  6. How does patent infringement occurs
    when one uses or sells another's patented design, product, or process without the patent owner's permission
  7. 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.
  8. Define Copyright
    an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions.
  9. 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"
  10. What is the digital millennium copyright act of 1998
    to protect copyrights in digital information
  11. What can the court hold website that provide file-sharing liable for?
    contributory and vicarious copyright liability
  12. Define Trade secrets
    customer lists, plans, research and development, and pricing information
  13. What protects trade secretes
    • common law
    • statutory law
    • Economic Espionage Act of 1996  theft of trade secret is a federal crime
  14. What are some international protection for intellectual property
    • international agreements
    • Landmark agreement - 1994 agreement on trade-related aspects of intellectual property rights. Provides for enforcement procedures in all countries signatory to the agreement.
Card Set:
Business Law Chapter 5
2013-12-10 03:06:01
Business Law

Chapter 5 - intellectual property and internet law
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