Legal 2700 Hackleman Test 3
questions and answers 2025
intellectual property - answer property relationships better at
allocating scarce resources compared to legal relationships
trade secret - answer knowledge or information kept as a secret or
given to public for economic value
trademark - answer slogans can get a _____ but not a copyright
misappropriated - answer to prove violation for anothers trade
secret, one must 1. prove a trade secret exists 2. prove they ____ the
info
misappropriation - answer wrongful taking (burglary/hacking) and
use/disclosure of a trade secret
trade secret audit - answer first step in establishing existence of a
trade secret- this identifies the confidential information- ex. the
plan, knowledge of customers/suppliers
injunction - answer order by a judge to prevent former employees
from using a trade secret/disclosing
economic espionage act - answer this act makes it illegal to steal
trade secrets, true when it benefits a foreign government- remedy:
fines and imprisonment
,patent law - answer protects new inventions, exclusive right for a
limited period of time, usually 20 years
utility patent - answer patent for useful, functional inventions
design patent - answer patent that protects appearances, creative
look- unrelated to the function, 14 years
plant patent - answer patent that protects a new variety of
asexually reproduced plants
america invents act - answer act that switched from first to invent
to first to file system
Overlapping rights - answer Provide an opportunity for firms to
purchase patent rights and sue companies- can't produce something
if you only have a patent on a PART of it
Patent troll - answer Business people that don't invest they just
buy patents and get settlements from suing for infringement
Fee shifting - answer Way to reduce patent trolling- force losing
party to pay winning party's costs, a troll with no case won't make
the threat
Trademark - answer Mark on what is produced o represent the
origin of goods and services- register with PTO
R - answer Registered trademark
TM - answer Not registered trademark- can still sue for
infringement
, Trademark infringement - answer Intentional use of a mark or
making one too similar
Service mark - answer Advertising of a service not a product
Certification mark - answer Mark by someone other than the owner
t certify the quality, point of origin of goods and services
Collective mark - answer Mark representing membership in an
organization- national football league logo
Trade dress - answer The look of the product- color/shape
associated with it
Official gazette - answer After registered w PTO mark is placed in
____ ____ which gives the other mark owners notice allows them to
speak up if its too similar to their own
6 - answer trade mark has unlimited life, but after ___ years the
trademark owner must notify the PTO that the trademark is still in
use
secondary meaning - answer trademark can only be a person's
name if its on the supplemental register for 5 years and it acquires
a ____ ___
trademark infringement - answer civil violation of a ____-
unintentional or willful use, messing with the reputation or
confusing the public about the identity of the user
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