Chapter 8

What are some penalties for Counterfeit Goods?

- violates the SCMGA -May be fined up to $2 million or imprsioned for up to ten years - must forfeit the counterfeit goods -must forfeit any property used in the commsision of the crime Must pay restitution to the trademark holder or victim in an amount equal to the victim's actual loss

does a patented product need to be put in commerce for patent infringement to take place?

NO- Patent infringement can occur even tho the owner has not put the product in commerce

The Copyright Act of 1976 governs copyrights to do

-Works created after January 1, 1978, are automatically given statutory copyright protection for the life of the author plus 70 years. -For copyrights owned by publishing houses, the copyright expires 95 years from the date of publication or 120 years from the date of creation, whichever comes first. -For works by more than one author, the copyright expires 70 years after the death of the last surviving author. -When copyright protection ends, works enter into the public domain.

How long does a trademark registration last for?

10 years and it is renewable indefinitely

Patents for designs are given how many years?

14

Define patent

A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period.

Define Trade Secrets

Business information not known outside of the company that gives the business a competitive advantage over other companies as long as it is kept secret

Can the United States prosecute foreign counterfeiters

No because our national laws do not apply to them, unless they are to be in the US

Who is the licensee and do they pay anything?

Party obtaining the license Yes they pay fees or royalties for the privilege of using someone else intellectual property

define Copyright

The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time.

Where do copyright registrations take place? And are the required

U.S Copyright Office in Washington D.C No it is not required

What is different about copyrights compared to trademarks and patents?

applies exclusively to works of art, literature, and other works of authorship, including computer programs.

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is to bring copyright laws into the digital age by regulating digital media copyright infringement. As with non-digital assets, an owner of copyrightable material:

does not need to include a (c) symbol on their digital work in order to be protected from reproduction.

What does a suggestive trademark mean?

indicates something about a products nature, quality, or characteristics without describing the product quality like Dairy Queen

What is not patentable?

laws of nature, natural phenomenon, abstract ideas

Patents for inventions are given how many years?

20

Define license

A contract permitting the use of a trademark, copyright, patent or trade secret for certain purposes

Define intellectual Property and give examples

A type of property resulting from intellectual and creative processes Examples: Patents, trademarks copyrights

Which international agreement requires its member countries to establish border procedures for searching international shipments of goods?

Anti-Counterfeiting Trade Agreement

When does the patent protection start?

Begins on the date he patent application is filed rather when the patent is issued

The earliest international agreement that provided copyright protections among the signatories to the agreement was the:

Berne Convention

Define patent infringement

If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, that firm commits the tort of patent infringement.

Does the owner need to place the copyright symbol on their work?

No- they do not need the symbol for the work to be protected

What have US officials done to combat sales of counterfeit goods online?

Obtain a court order to close down the domain names of websites that sell such goods

What is one way to avoid litigation and still make use of another's trademark or other form of intellectual property?

Obtain a license to use it

What does the California Uniform Trade Secrets

Provides that those disclose or use another trade secret without authorization are liable to that other party if any of following is true 1. They discovered and/or came into possession of the trade secret by improper means. 2. Their disclosure or use of the trade secret constitutes a breach of a duty owed to the other party.

Where can a trade mark be registered?

State or federal government - but if it is with the federal government, the person must file an application with eh US Patent and Trademark office

What is the Lanham Act of 1946?

Statutory protection of trademarks and related property is provided at the federal level - this act incorporates the common law of trademarks and provides remedies for owners of trademarks who. wish to enforce their claims in federal court

Who is the licensor?

The party that owns the intellectual property rights and issues the license

What happens after the patent period ends?

The product or process water the public domain and anyone can make , sell, or sue the invention without paying the patent holder

Define Trademark Infringement

When a trademark is copied to a substantial degree to used in its entirety by another another without authorization

A business will be able to protect its trademark for how long?

if unregistered, as long as it is in use

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a:

trademark

What does fanciful trademarks mean?

unique, invented words, slogans, designs like Google

Under the Federal Trademark Dilution Act what must be required for trademark dilution lawsuits to be brought?

1. Plaintiff owns a well known mark that is distinctive e 2. Defendant has begun using a mark in commerce that dilutes the famous mark 3. The similarity between the two marks tends to create an association of the marks int he mind of the reasonable consumer 4. The association is likely to impair the distinctiveness of the famous mark or harm it reputation

What do generic terms mean in terms of a trademark ?

Generic terms that refer to an entire class of products receive no trademark protection, even if they acquire a common secondary meaning like computer and bicycle

What does arbitrary trademark mean?

they use common words in an uncommon way that is not descriptive of the product like Amazon and Apple