6986659
Description
Flashcards by Juliet Neff, updated more than 1 year ago
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Created by Juliet Neff
over 7 years ago
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| Question | Answer |
| Commerce Clause: | Article I, Section 8 “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. (The Constitution of the United States) (Appendix B) |
| Intellectual Property Rule of Law: | 1. Don’t copy others work or discoveries. (Look and Feel Test) 2. Refer to rule #1 3. Fair Use Doctrine 4. Wait a “limited amount of time”. 5. Idea vs Expression of Idea |
| Patents | grants the patent holder the exclusive right to exclude others from making, using, importing, and selling the patented innovation for a limited period of time. . (14/20 years) |
| Copyrights | Life of author + 50 years |
| Mask work | a series of related images, however fixed or encoded — (A) having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product. |
| Trademark | any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. |
| Trade Dress | a legal term of art that 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. |
| Service Mark | a trademark used in the United States and several other countries to identify a service rather than a product |
| Certification Mark | a mark used in commerce by a person other than its owner. See 15 U.S.C. § 1127. Certification marks are generally owned by trade associations or other centralized commercial groups. (Good Housekeeping Seal of Approval & UL Tested) |
| Trade Names | Safeway & Coca-Cola (Generic Trade Names: Aspirin, thermos, raisin bran, dry ice, cornflakes) |
| Cyber Marks: | A trademark in cyberspace • Domain name – A series of letters and symbols used to identify site operators on the Internet; Internet “addresses. Meta Tags (key words) |
| Trademark Dilution | Allows trademark owners to bring suits in fed court with standing to forbid others from using that mark in a way that would lessen its uniqueness. |
| Dilution | The use of a mark or trade name in commerce sufficiently similar to a famous mark that by association it reduces, or is likely to reduce, the public's perception that the famous mark signifies something unique, singular or particular. Dilution is comprised of two principal harms: blurring and tarnishment. |
| To get protection under Copyright Act an original work must fall under catagories: | Literary works _ Musical works _ Dramatic works and accompanying music _ Pantomimes and choreographic works _ pictorial, graphic, and sculptural works _ Motion Pictures and multimedia works _ Sound Recordings - Architectural works. |
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