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LEGL 2700 Hackleman Exam 3 – 275 Q/A
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LEGL 2700 Hackleman Exam 3 – 275 Q/A
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Legal 2700 Hackleman Test 3/169 Questionswith Solutions
intellectual property - -property relationships better at allocating scarce
resources compared to legal relationships
-trade secret - -knowledge or information kept as a secret or given to public
for economic value
-trademark - -slogans can get a _____ but not a copyright
-misappropriated - -to prove violation for anothers trade secret, one must 1.
prove a trade secret exists 2. prove they ____ the info
-misappropriation - -wrongful taking (burglary/hacking) and use/disclosure
of a trade secret
-trade secret audit - -first step in establishing existence of a trade secret-
this identifies the confidential information- ex. the plan, knowledge of
customers/suppliers
-injunction - -order by a judge to prevent former employees from using a
trade secret/disclosing
-economic espionage act - -this act makes it illegal to steal trade secrets,
true when it benefits a foreign government- remedy: fines and imprisonment
-patent law - -protects new inventions, exclusive right for a limited period of
time, usually 20 years
-utility patent - -patent for useful, functional inventions
-design patent - -patent that protects appearances, creative look- unrelated
to the function, 14 years
-plant patent - -patent that protects a new variety of asexually reproduced
plants
-america invents act - -act that switched from first to invent to first to file
system
-Overlapping rights - -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 - -Business people that don't invest they just buy patents and
get settlements from suing for infringement
-Fee shifting - -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 - -Mark on what is produced o represent the origin of goods and
services- register with PTO
-R - -Registered trademark
-TM - -Not registered trademark- can still sue for infringement
-Trademark infringement - -Intentional use of a mark or making one too
similar
-Service mark - -Advertising of a service not a product
-Certification mark - -Mark by someone other than the owner t certify the
quality, point of origin of goods and services
-Collective mark - -Mark representing membership in an organization-
national football league logo
-Trade dress - -The look of the product- color/shape associated with it
-Official gazette - -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 - -trade mark has unlimited life, but after ___ years the trademark owner
must notify the PTO that the trademark is still in use
-secondary meaning - -trademark can only be a person's name if its on the
supplemental register for 5 years and it acquires a ____ ___
-trademark infringement - -civil violation of a ____- unintentional or willful
use, messing with the reputation or confusing the public about the identity of
the user
-criminal - -a ____ violation of the trademark is those who manufacutre
imitation products like fake rolex
-federal trademark dilution act - -this act made it easier to win a dilution
case
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