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Business Law Review

Business Law Review Chapter 9

QuestionAnswer
what is the difference between a trademark and a service mark? a trademark is a mark that identifies a product. A service mark is a mark that identifies a service
what is a mark? any word, name, symbol, device or combination thereof, used to identify a product or service
Why is ICANN important? What is it? ICANN is a corporation responsible for coordinating the use of domain names across the internet. ICANN is important because it prevents copyrighting and misuse of domain names
What is a patent and what are 3 types of patents that one can get? patents protect inventions. 3 types of patents are: utility, plant and design.
What is a copyright? exclusive right given by federal statute to the creator of a literary or artistic work to use, reproduce and display the work
What is distinctiveness? what does it pertain to? distinctiveness is mark's capability of serving the source-identifying function of a mark
What are the categories of distinctiveness? 1.) coined or fanciful, 2.) Arbitrary, 3.) suggestive, 4.) descriptive, or 5.) generic
What is acquired distinctiveness? through advertising, use and association over time, an ordinary word or phrase has taken on a new-source identifying meaning and functions as a mark in the public eye.
What is secondary distinctiveness? a legal term signifying the words in question have taken on a new meaning with the public, capable of self-identification.
What is a trade dress? Why is it important? A trade dress is a product's total image including its overall packaging look. It is important because it distinguishes a product in the public eye.
Why is the Federal Trademark Dilution Act of 1995 important? It provided a cause of action against the commercial use of another's famous mark or trade name
What is a cybersuqatter? a person who registers and sets up domain names on the internet for resale to the famous users of the names in question
What can you copyright? List 3 examples: literary, musical, dramatic and artistic work
What are the 5 rights that the holder of a copyright has? right to reproduce the work, right to prepare derivatives of the work, right to distribute copies of the work, publicly preform the work and publicly display the work
what is a patent? protection of inventions
what are the 3 types of patents? utility, plant and design
Are there limitations on exclusive character copyright? yes
What 4 categories of subject matter are able to be patented? processes, machines, manufacturers and compositions of matter
What is a trade secret? any formula, device, or compilation of information that is used in one's business and is of such a nature that it provides an advantage over competitors who do not have the information
Why is restrictive licensing important? it allows the creator of a software to license the use of the software to others without selling it. Creates protection for liscensor
What is a mask work? the specific form of expression embodied in chip design, including the stencils used in manufacturing semi-conductor chip products
What was the act that aided the courts decision in the Boston Beer Company Ltd. v. Slesar Brothers Brewing Company, Inc. case? Lanham Act
What was the court's decision in the Cariou v. Prince case? the courts awarded the plaintiff a summary judgement and found that the defendant was guilty of copyright infringement.
Do written computer programs have the same copyright protections as other copyrighted material? yes
Why is the Digital Millennium Copyright Act important? it helped to curb the pirating of software and other copyrighted works. It created civil and criminal penalties of anyone who breaks these laws.
how long does the patent last for utility and plant patents? 20 years
Created by: nwood1128
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