BLAW 3310 Chapter 9-Intellectual Property Questions And Answers Rated A+ New Update Assured Satisfaction
Assumed Name Certificate - A domestic or foreign corporation, limited liability company, limited partnership, limited liability partnership, or other foreign filing entity that regularly conducts business or renders a professional service in this state under a name other than its legal name (the name stated in its certificate of formation. E.g) Copyright Rights - 1. Right to reproduce the work 2 Right to publish or distribute the work 3. Right to display the work in public 4. Right to perform the work in public 5. Right to prepare derivative works based on the original work Copyrights - Rights of literary property recognized by law. Last thorugh out the life of author plus 75 years Counterfeiting - Copying or imitating of a mark without authority to do so Cybersquatting - Occurs when a trademark is used improperly in a domain name Dilution - Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness Economic Espionage Act of 1996 - A 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage (e.g., the theft or misappropriation of a trade secret.Punishment of up to 10 years in prison and up to $5 million may be levied against firms) Fair Use - Fair use is a US legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. ... E.g) fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship.Global Enforcement/Uniformity - To ensure wide protection, firms must patent in the US, Europe, Japan etc. Must file in many nations. Goodwill - When a trademark is associated with your business, the reputation of that trademark is known as its goodwill Infringement - Wrongful unauthorized use of intellectual property Intellectual Property - Created by mental effort, not physical labor, often called intangible property Lanham Act - The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks, service marks, and unfair competition. It was passed by Congress on July 5, 1946 and signed into law by President Harry Truman. Patent Application - "First to file rule" Patents - A grant from the government to an inventor for the "right to exclude others from making, using, offering for sale, or selling" the invention for 20 years after the inventor files for a patent application. E.g) Viagra Registration (Trademark) - Registration fee of $325 per class of goods using a mark, submission of copy of mark, called a specimen, a description of goods that will use the mark and deceleration that to the best of applicant's knowledge it does not conflict with other trademarks Trade Dress - Commercial symbol protected by trademark law that concerns "look" and feel". Generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is a form of intellectual property. E.g) Taco Bells, MacDonalds, and Apple stores all look similar Trade Name - Name of company or a business that has the status of a trademark. E.g) Coca-ColaTrade Secrets - A trade secret may consist of any formula, pattern, device, or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors. E.g) Coca-cola's secret formula
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blaw 3310 chapter 9 intellectual property
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