Business Law Chapter 41

trade secret

A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors

patent

A grant by the government permitting the inventor exclusive use of an invention for a specified period

automatically

A work is copyrighted _________________ once it is in tangible form

Novel

An invention is not patentable if it has already been 1) patented 2) described in a printed publication 3) in public use 4) on sale 5) otherwise available to the public anyplace in the world

nonobvious

An invention is not patentable if it is obvious to a person with ordinary skill in that particular area.

trademark

Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others

Plant Patent

Anyone who creates a new type of plant can patent it, provided that the inventor is able to reproduce it asexually—through grafting, for instance, rather than by planting its seeds

America Invents Act

Congress also passed the ____________ __________ _________. Under this statute, anyone who has been charged with infringement of certain financial service business method patents has the right (from 2012 to 2020) to challenge the validity of that patent.

Economic Espionage Act

Congress passed the ____________ ____________ _________ of 1996, which makes it a criminal offense to steal (or attempt to steal) trade secrets for the benefit of someone other than the owner, including for the benefit of any foreign government.

D

Donald Trump wanted to copyright the phrase "You're Fired!" He used the phrase on his reality show, The Apprentice. He . A) can copyright it only if he registers it B) can copyright it only if it is in a tangible form C) cannot copyright it because it is not novel D) None of the above

A

If you buy a DVD, you have the legal right to . A) watch it as many times as you want and then give it away B) copy it to your computer and then give it to a friend C) copy it to your computer and sell it on eBay D) All of the above E) a and b only

1980

In ____, the Supreme Court ruled that living organisms could be patented

secondary meaning

Marks with _______________ ____________ cannot, by themselves, be trademarked unless they have been used for so long that they are now associated with the product in the public's mind.

Patentable Subject matter

Not every innovation is patentable. A patent is not available solely for an idea, but only for its tangible application. Thus, laws of nature, scientific principles, mathematical algorithms, mental processes, intellectual concepts, or formulas are not patentable

fair use doctrine

Permits limited use of copyrighted material without permission of the author for purposes such as criticism, comment, news reporting, scholarship, or research

Design Patent

Protects the appearance, not the function, of an item

Berne Convention

The _________ _________ requires member countries to provide automatic copyright protection to any works created in another member country

Paris Convention

The _________ ___________ requires each member country to accept and recognize all patent and trademark applications filed with it by anyone who lives in any member country

Trademark Law Treaty

The ___________ _____ __________ simplifies and harmonizes the process of applying for trademarks around the world.

Copyright Act

The ___________ _________ protects literature, music, drama, choreography, pictures, sculpture, movies, recordings, architectural works, computer databases, and computer programs "to the extent that they incorporate authorship in the programmer's expression of original ideas, as distinguished from the ideas themselves."

cannot

The following categories __________ be trademarked: 1) Similar to an existing mark 2) Generic trademarks 3) Descriptive marks 4) Names 5) Deceptive marks 6) Scandalous or immoral trademarks

particular tangible expression

The holder of a copyright owns the _____________ ____________ ______________ of an idea, but not the underlying idea or method of operation.

useful

To be patented, an invention must be useful. It need not necessarily be commercially valuable, but generally, it must dosomething.

plaintiff

To prove a violation, the ___________ must present evidence that the work was original

False

True or False: Anyone who uses copyrighted material without permission is not in violation of the Copyright Act

False

True or False: To be valid, a trademark does not be to be distinctive

True

True or False: a copyright is valid until 70 years after the death of the work's only or last living author, or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter

True

True or False: any country that joins the World Trade Organization (WTO) must agree to trade-related aspects of intellectual property rights (TRIPS).

True

True or False: the first sale doctrine does not permit the owner to make a copy and sell it

Paris Convention

Under the _______ _____________, if someone registers a trademark in one country, then he has a grace period of six months, during which he can file in any other country using the same original filing date.

Patent Cooperation Treaty

Under the ________ ___________ _________, applicants are offered a single filing and streamlined review process. Upon filing an international patent application, inventors receive patent pending protection for 30 months in the 148 PCT member countries, so that they have time to pursue their application.

Madrid Agreement

Under the __________ __________, any trademark registered with the international registry is valid in all signatory countries. (The United States is a signatory.)

C

VitaminWater has become such a success that other companies are also now selling similar (but not identical) flavored colored water. Some competitors bottle their drinks in a similar bell-shaped bottle with a two-toned label that has a horizontal color band. What is the best infringement claim for VitaminWater to make against these competitors? A) Patent B) Copyright C) Trademark D) Trade secret E) There is no good claim.

Uniform Trade Secrets Act

__________ _______ ________ ______ (UTSA). Anyone who misappropriates a trade secret is liable to the owner for 1) actual damages, 2) unjust enrichment, or 3) a reasonable royalty.

Digital Millennium Copyright Act

a 1998 US law intended to update copyright law for electronic commerce and electronic content providers. It criminalizes the circumvention of electronic and digital copyright protection systems.

Federal Trademark Dilution Act

a trademark owner could win an infringement lawsuit only by proving that consumers would be deceived about who had really made the product.

Arbitrary marks

existing words that do not describe the product—Prince tennis racquets, for example. No one really thinks that these racquets are designed by or for royalty.

Suggestive marks

indirectly describe the product's function

Fanciful marks

made-up words such as Kodak or Saucony.

First Sale Doctrine

permits a person who owns a lawfully made copy of a copyrighted work to sell or otherwise dispose of the copy

Statute of Anne

provided copyright protection for 14 years, which could be extended by another 14 years if the copyright owner was still alive when the first term expired.

Trade dress

the image and overall appearance of a business or product. It may include size, shape, color, or texture.

infringement

to win an ______________ suit, the trademark owner must show that the defendant's trademark is likely to deceive customers about who has made the goods or provided the services

Collective marks

used to identify members of an organization.

Service marks

used to identity services, not products

Certification marks

words or symbols used by a person or organization to attest that products and services produced by others meet certain standards