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BUS 404 Anderson Final/35 Q’s and A’s
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BUS 404 Anderson Final/35 Q’s and A’s
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BUS 404 Anderson Final/35 Q’s andA’s
Infringing a trade symbol? - -when a person without authorization uses a
"substantially indistinguishable mark" that may cause confusion or deception
or mistake
-Infringement and Remedies of Patents - -When someone makes uses or
sells the patented invention without permission
Remedies: for infringement
Injunctive relief
Damages
Treble damages when appropriate
Attorneys fee
costs
-Trade Secrets - -Information owned by the company by which the company
gains a competitive advantage. Commercially valuable, secret information
-Trade Name Protection - -will be protected even if it is not registered under
the Lanham Act (infringement still prohibited)
-Patentability - -(1) novel, (2) useful, and (3) not obvious
-Issuance of Patents - -patents are issued upon application to and after
examination by the U.S. Patent and Trademark Office
-Patents - -Exclusive right to an invention for 20 years from the date of
application for utilities and plant patents, 14 years for design
-Remedies of Copyright Infringement - -If infringement (excersizing owner
rights without ownership or permission) occurs after registration then
Injunction
Impoundment and destruction of infringing articles
Actual damages plus profits
Costs and
Criminal penalties
-Ownership of Copyrights - -Ownership can be transferred in whole or in
part
-Copyrights - -Exclusive right to
, Reproduce the copyrighted work
Prepare derivative works based on the work
Distribute copies of the work and
Perform or display the work publicly
Usually life + 70 years of author
-Trade Names - -Used to distinguish a business, occupation, or vocation.
AKA Fictitious business name (different than one someone operates under)
-Remedies for infringement of a trade symbol? - -Provided by the LAnham
Act, injunctive relief, profit damages, destruction of infringing articles, costs
and attorney fees (in special cases)
-Registering a Trade symbol? - -must be registered and protected under the
Lanham act. Must be distinctive, not immoral, deceptive, or scandy
-Collective Mark - -Symbol showing someone to be a member of an
established organization
-Certification Mark - -A mark used by one or more persons, other than the
owner, to certify the region, materials, mode of manufacture, quality, or
other characteristic of specific goods or services. (K for Kosher)
-Service Mark - -unique word, symbol, design that identifies a provider of a
service
-Trademark - -unique word, symbol, design that identifies a manufacturer of
a good
-Securities Act of 1933 - -The first major federal law regulating the
securities industry. It requires firms issuing new stock in a public offering to
file a registration statement with the SEC.
-Securities Act 1934 - -A law governing the secondary trading of securities
in the US; established the SEC (Securities and Exchange Commission).
-Security - -any type of investment bought and sold through financial
markets. note, stock, bond, preorganization subscription, and investment
contract
-Investment Contract - -In securities law, a transaction in which a person
invests in a common enterprise reasonably expecting profits that are derived
primarily from the efforts of others.
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