TBusiness Law Assessment #3 - Intellectual Property

What is an injunction?

a stop order

What must a plaintiff show for an IP case?

access (content that was compromised) and similarities (utilize lay observer test).

What is a trade dress?

Protection of a non-functional image/appearance.

How can we resolve infringement?

Register, cease and desist letter, ADR (alternative dispute resolution), litigation (will take a long time and is expensive).

What are the five copyright protection rights?

Reproduction, Adaption, Publication, Performance, Display.

What are the different types of copyrights?

SR - Sound Recording, Audio TX - Text, Written Works VA - Visual Arts, 2D/3D PA - Performing Arts, Bands, Plays SE - Serials CO form- Digital collective form.

What does copyright deal with?

artistic works.

What does a trademark deal with?

brands

What do trade secrets deal with?

competitive advantages.

What are some infringement issues?

confuse, mislead, deceive your consumer as to source of good or service. you can also dilute by blurring, tarnishing a mark's distinctiveness even if it in a different class.

Where do you register your copyright?

copyright.gov

What are the levels of protection?

fanciful, arbitrary, suggestive, descriptive, generic

What is writ of seizure?

gives the right to freeze an asset, and can typically take up to ten days.

What can't you copyright?

ideas, useful items, invention, methods, process, facts, logos, names, titles, short phrases, public domain, expired or forfeited copyrights, typefaces.

How is something protected by copyright law?

must be original, fixed, and tangible medium (viewed or heard).

What are some things a trademark can protect?

name, logo, slogan, mascot, characters, colors, scents, numbers, collective, and certification.

What is estoppel?

prevents a party from making an allegation or denial that contradicts what it had previously stated, or what has been legally established, as the truth.

What is justifiable reliance?

relying on another's statement, and takes steps based off of that statement that costs them money/time.

What do patents deal with?

technology.

What does "purpose" mean and what are the excuses for it?

the reason why someone copy/stole. Commentary, Education, Parody.

What is de minimis?

the thing that the defense is infringing is so small, that no one will care and a court will not award the plaintiff anything.

What are the four types of intellectual property?

trademarks, patents, copyright, and trade secrets.

What are the 3 patent types.

utility, design, and plant.

What is a merger doctrine?

when an idea has limited ways of being expressed, then it can not be covered by copyright law because the expression has become an idea, and an idea can not be copyrighted.

What does unclean hands mean?

when the defendant makes it clear that the plaintiff has done something unethical or in bad faith in regards of the lawsuit they are bringing upon the defendant.

What are the plaintiff's remedies for an IP case?

writ of seizure, injunction, damages, impound & destroy infringing goods, court costs, legal fees, criminal prosecution, criminal fines.

What type of damages are there and what do they mean?

Actual - what was "actually" lost Statutory - based on statue, start at a min. of $750.

What does patents grant exclusive rights to do?

Manufacture, use, and sell.

How many years of protection does a trademark get?

10 years.

How long does a design patent last?

14 years.

How long does a plant patent last?

14 years.

How long does a utility patent last?

20 years.

What is the maximum to file for copyright claims?

3 years from day of discovery.

What is a plant patent?

A focused registration that cover scientifically made plants.

What is a trade secret?

A formula, device, method, concept, technique or process that derives its own financial value as a secret, there is a right way to learn it, and is subject to reasonable security precautions.

What is reverse engineering?

If someone breaks down the secret on their own with no help or illegal information, it is officially gone forever

What is descriptive?

It describes the good or service, or can just be a given or stage name. It has a longer process to register.

What are the requirements of a utility patent?

It has to be new, useful, and non obvious.

What is fanciful?

It is a made up word, teaches us about the brand, and has the greatest protection out of all the levels.

What is generic?

It points to what the thing is, not where it comes from. It doesn't get any protection.

What is a design patent?

It protects items that are not functional, but the aesthetics and artistry of them.

What is suggestive?

It recommends what the item is and how it works.

What is misappropriation?

It's when a trade secret exists and is acquired illegally or via confidential relationship. It also when it is an unauthorized use of the secret.

What's a way to safeguard trade secrets?

Limit access, non-compete agreements, nondisclosure agreements, and exit agreements.

What can happen in "unclean hands"?

The plaintiff can become a co-defedant. The defendant can become a witness, and the plaintiff becomes the defendant.

What does laches mean?

The plaintiff failed on their duty to mitigate (filing the claim as soon as possible).

What steps take part in the "fair use" defense?

The purpose, the nature, the amount/portion, the market impact.

What is arbitrary?

Words that already exist put into a combination that does not already exist. Can be denied for foreign languages if it does not translate well.