ch 8 blaw
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ch 8 blaw

Course Number: BLAW 3361, Spring 2010

College/University: Texas Brownsville

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INTELLECTUAL PROPERTY Intellectual Property: Any property resulting from intellectual, creative processes the product of one or more individuals mind. The framers of the U.S. Constitution recognized the need to protect and promote intellectual property more than two hundred years ago. Article I, Section 8 empowers Congress [t]o promote the Progress of Science and useful Arts, by securing for limited Times to...

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PROPERTY INTELLECTUAL Intellectual Property: Any property resulting from intellectual, creative processes the product of one or more individuals mind. The framers of the U.S. Constitution recognized the need to protect and promote intellectual property more than two hundred years ago. Article I, Section 8 empowers Congress [t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Laws protecting patents, trademarks, and copyrights are explicitly designed to protect, nurture, and reward inventive and artistic creativity. Licensing: An intellectual property owner may license another party to use the owners trademark, copyright, patent, etc. for certain purposes. A licensor must maintain some form of control over the nature and Ch. 8: Intellectual Property and Internet Law - No. 1 Clarkson et al.s Business Law (11th ed.) quality of goods or services sold or rendered under the license. Ch. 8: Intellectual Property and Internet Law - No. 2 Clarkson et al.s Business Law (11th ed.) TRADEMARK PROTECTION Trademark: A distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established, its owner is entitled to exclusive use of the trademark. A trademark may be established either by: (1) registering the mark with one or more states or with the U.S. Patent and Trademark Office pursuant to the Lanham Act, or (2) prior use sufficient to warrant common law protection. TRADEMARK VIOLATIONS Trademark Dilution: Using a mark similar, but not identical, to a protected trademark. Trademark Infringement: Using a protected trademark in its entirety, or copying it to a substantial degree, without authorization. Only those marks that are sufficiently distinctive from all similar or competing marks will be protected from infringement. Such trademark must enable consumers to (1) identify the manufacturer of the good easily, and (2) differentiate between competing products. Strong Marks: Fanciful, arbitrary, or suggestive trademarks are generally considered to be most distinctive, because the mark usually is unrelated to the nature of the product or service. Secondary Meaning: Descriptive terms, geographic terms, and personal names are not inherently distinctive, but will be protected if consumers associate the specific term or phrase with the particular trademarked item. Generic Terms: Terms that refer to an entire class of products are not entitled to protection, even if the term was originally the name of a trademarked product. TRADE DRESS AND SERVICE MARKS Trade Dress: The image and overall appearance of a product (e.g., the distinctive decor, menu, layout, and style of service of a particular restaurant). Trade dress is afforded basically the same protection as a trademark. Service Mark: A mark used in the sale or the advertising of services to distinguish the services of one person or entity from those of another. Titles, character names, and other distinctive features of radio and television programs may be registered as service marks. Certification Mark: A mark used by one or more persons or entities other than the owner to certify the region, materials, mode of manufacture, quality, or accuracy of the owners goods or services (e.g., UL Tested, Good Housekeeping Seal of Approval, J.D. Power & Associates). Collective Mark: A mark used by members of a cooperative, association, or other organization to distinguish products or services approved by the collective from those not so approved (e.g., union labels). COUNTERFEIT GOODS AND TRADE NAMES Counterfeit Goods: Goods that copy or otherwise imitate trademarked goods. The Stop Counterfeiting in Manufactured Goods Act (SCMGA) criminalized trafficking or attempting to traffic in counterfeit goods or services. It also prohibits creating or shipping counterfeit labels that are not attached to goods. Trade Name: A term used to indicate part or all of a business name and that is directly related to the business reputation and goodwill. Trade names are protected by common law. CYBER MARKS Cybersquatting: Registering someone elses name or trademark as a domain name (i.e., Internet address), then offering to sell the registered domain name to that person. The Internet Corporation for Assigned Names and Numbers (ICANN) oversees the domain name system, accredits companies to register domain names, and manages an online arbitration system to resolve domain name disputes and approve online ADR providers. In 1999, Congress passed the Anticybersquatting Consumer Protection Act (ACPA), which amended the Lanham Act to make it illegal for a person to register, traffic in, or use a domain name (1) if the name is identical or confusingly similar to anothers trademark and (2) if the person registering, trafficking in, or using the domain name does so with the bad faith intent to profit from its similarity to the others trademark. Meta Tags: Words inserted in a web sites key words field in order to increase the likelihood that an Internet search engine, such as AltaVista, Yahoo!, or Lycos, will include that Web site in a key word search. PATENTS Patent: A grant from the government giving an inventor the exclusive right or privilege to make, use, or sell his invention for a set period of time. A patent may protect a product, a process, or a design. In order to obtain a patent, the inventor must convince the U.S. Patent and Trademark Office that the product, process, or design is genuine, novel, useful, and not obvious in light of current technology. Unlike many other countries, the U.S. awards patent protection to the first person to invent a product, process, or design, not the first person to file a patent application for said product, process, or design. The patent owner will frequently grant exclusive or non-exclusive licenses to others to enable them to make, use, or sell the patented product, process, or design. In return for which, the patent owner will typically be paid a royalty on all sales of goods manufactured or sold pursuant to the license. Patent Infringement: Making, using, or selling another persons patented product, process, or design without permission. COPYRIGHTS Copyright: The exclusive right of an author to publish, print, or sell for a certain period of time a product of her intellect. To obtain protection under the Copyright Act, a work must be original and constitute a(n): (1) literary, musical, or dramatic work, (2) pantomime or choreographic work, (3) pictorial, graphic, or sculptural work, (4) motion picture or other audiovisual work, (5) sound recording, or (6) architectural work. While it is not possible to copyright an idea, the particular expression of an idea is copyrightable. Likewise, facts cannot be copyrighted; however, compilations of facts can. Copyrights can, but need not, be registered with the U.S. Copyright Office. COPYRIGHT VIOLATIONS A copyright grants its holder the same monopolistic control over his or her creation as a patent or trademark; however, a copyright may be obtained only for works of art, literature, music, and other forms of authorship (e.g., computer programs). Copyright Infringement: Using a copyrighted form or expression of an idea, even with slight variations, without permission. Fair Use Doctrine: Unlike patents and trademarks, federal copyright law provides a statutory defense to a claim of copyright infringement. Section 107 of the Copyright Act permits a person or organization to reproduce copyrighted material without paying royalties as long as the reproduction constitutes fair use including, but not limited to, reproduction for purposes of criticism, commentary, news reporting, teaching, or scholarship, research. COPYRIGHTS IN DIGITAL INFORMATION Downloads: Loading a file or program into RAM constitutes making a copy for purposes of copyright law. No Electronic Theft Act: Expands copyright infringement liability to persons (1) who exchange unauthorized copies of copyrighted works without the intent to profit thereby; and (2) who make unauthorized electronic copies of books, magazines, movies, or music for personal use. Digital Millennium Copyright Act: Creates civil and criminal penalties subject to fair use for circumventing encryption software or other antipiracy protection, and prohibits the manufacture, import, sale, and distribution of devices or services designed to circumvent such protection. The DMCA also makes Internet service providers (ISPs) not liable for copyright infringement by their users, unless the ISP becomes aware of the infringement and fails to take corrective action. FILE-SHARING AND COPYRIGHT PROTECTION Peer-to-Peer (P2P) Networking: Internet-based file sharing that involves numerous connected personal computers, rather than a Web server, enabling users to access files stored by other users of the same PC network. Sharing Stored Music Files: In recent years, the music industry has aggressively pursued copyright infringement claims against companies that distribute online file-sharing software that permits multiple computer or MP3 users to pirate a single paid-for copy of a CD, depriving the music industry and recording artists of royalties. MGM Studios v. Grokster (2005): The Supreme Court held that one who distributes [software] with the object of promoting its use to infringe [anothers] copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement. Life After Grokster: Because the Supreme Court did not specify the affirmative steps required to subject a software supplier to secondary liability, file-sharing and file-sharing lawsuits continue unabated. TRADE SECRETS Trade Secret: Information or a process that gives a person or business an advantage over competitors who do not have access to the information or process. Trade secrets include such things as customer lists, pricing information, marketing techniques, plans, research and development, production methods, and, generally, anything else that sets an individual business apart from and would have value to its competitors. Trade secret protection extends both to ideas and to their expression. Generally, common law will protect an employer from disclosure of trade secrets by a former employee. Businesses seeking additional protection may have their employees sign a confidentiality agreement. INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY The Berne Convention: The copyright of any work written by a citizen of a signatory country and any work first published in a signatory country, regardless of the authors citizenship, must be recognized by all signatory countries. Works first published after March 1, 1989 are protected even if the signatory country has no prior notice of the copyright. The TRIPS Agreement: Signed by representatives of more than 100 nations in 1994, this agreement established, for the first time in many countries, standards for the international protection of patents, trademarks, and copyrights for movies, computer programs, books, and music. Each signatory must (1) include in its own intellectual property laws protections for foreign intellectual property rights which are not substantially different from the rights afforded to domestic intellectual property, and (2) provide legal mechanisms for foreign rights holders to enforce their rights against domestic infringement. Madrid Protocol: A treaty allowing a U.S. company wishing to register its trademark abroad to do so with one application. Questio n1 0 out of 5 points Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected Selected Answer: for the life of the inventor plus seventy years. Questio n2 A list of customers is not a trade secret. Selected Answer: Questio n3 0 out of 5 points 0 out of 5 points To establish dilution, an alleged infringer's use of a "famous" mark must actually reduce the value of the mark. Selected Answer: Questio n4 5 out of 5 points Loading a file into a computer's random access memory constitutes the making of a "copy" for purposes of copyright law. Selected Answer: Questio n5 0 out of 5 points Lex reproduces Mina's copyrighted work without paying royalties. Lex is most likely excepted from liability for copyright infringement under the "fair use" doctrine if Selected Answer: Questio n6 5 out of 5 points Mike copies Nora's book, One for the Money, to a substantial degree and sells it to Peak Editions, Inc., without Nora's permission. Peak publishes it under Mike's name. This is Selected Answer: Questio n7 5 out of 5 points Elementals, Inc., makes computer chips identical to Flik Quik Corporation's patented chip, except for slight differences in the "look," without Flik's permission. This is most likely Questio n7 Selected Answer: Questio n8 5 out of 5 points 5 out of 5 points Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is Selected Answer: Questio n9 5 out of 5 points Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is Selected Answer: Question 10 0 out of 5 points Creative Marketing Corporation (CMC) obtains, and gives its employees, a list of the customers of Dandy Sales, Inc. (DSI), without DSI's permission. Under the law that applies to trade secrets, CMC's use of the list is actionable Selected Answer: Question 11 5 out of 5 points Rita copies Sam's book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam's permission. USA publishes it under Rita's name. This is Selected Answer: Question 12 5 out of 5 points Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely Selected Answer: Question 13 A service mark distinguishes products used by the government. Selected Answer: Question 14 Selected Answer: 5 out of 5 points 0 out of 5 points Anyone who writes a book has copyright protection in every country in the world. Question 15 Pricing information is not a trade secret. Selected Answer: Question 16 5 out of 5 points 0 out of 5 points Delightful Toys, Inc., makes EZ Goo, a children's toy. Without Delightful's consent, Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed Selected Answer: Question 17 A copy must be exactly the same as the original to infringe a copyright. Selected Answer: Question 18 5 out of 5 points 5 out of 5 points In determining whether a copyrighted work is infringed under the "fair use" doctrine, one factor is the effect of the use on the market for the work. Selected Answer: Question 19 5 out of 5 points In 2008, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara's work is protected Selected Answer: Question 20 A suggestive use of ordinary words may not be trademarked. Selected Answer: 5 out of 5 points

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Texas Brownsville - BLAW - 3361
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Texas Brownsville - BLAW - 3361
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Texas Brownsville - BLAW - 3361
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N.C. State - MA - 241
Intro to WebAssignhttp:/www.webassign.net/v4cgicnyang@ncsu/student.pl?a=20070.WebAssign.netSaturday, May 5, 2007 07:03 PM EDT Home | My Assignments | Grades | Communication | CalendarLogged in as cnyang@ncsu.Logout Guide | Help | My OptionsHome > My
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Section 8.6http:/www.webassign.net/v4cgicnyang@ncsu/student.pl?a=20070.WebAssign.netSunday, May 6, 2007 12:56 AM EDT Home | My Assignments | Grades | Communication | CalendarLogged in as cnyang@ncsu.Logout Guide | Help | My OptionsHome > My Assignme
N.C. State - MA - 241
Section 8.7http:/www.webassign.net/v4cgicnyang@ncsu/student.pl?a=20070.WebAssign.netSunday, May 6, 2007 12:56 AM EDT Home | My Assignments | Grades | Communication | CalendarLogged in as cnyang@ncsu.Logout Guide | Help | My OptionsHome > My Assignme
N.C. State - MA - 241
Section 8.8http:/www.webassign.net/v4cgicnyang@ncsu/student.pl?h=20070.WebAssign.netSunday, May 6, 2007 12:57 AM EDT Home | My Assignments | Grades | Communication | CalendarLogged in as cnyang@ncsu.Logout Guide | Help | My OptionsHome > My Assignme
N.C. State - MA - 241
Section 8.9http:/www.webassign.net/v4cgicnyang@ncsu/student.pl?x=20070.WebAssign.netSunday, May 6, 2007 12:57 AM EDT Home | My Assignments | Grades | Communication | CalendarLogged in as cnyang@ncsu.Logout Guide | Help | My OptionsHome > My Assignme
N.C. State - MA - 241
Spring 2007 TherkelsenMA 241 - Exam 1 (C) KEY1. Evaluate10x dx 4 x2Solution: Let u = 4 x2 , then du = 2xdx. If we also transform the limits of integration, 4 (1)2 = 3 and 4 (0)2 = 4, we have10x 1 dx = 2 2 4x = = = =1 du u 4 1 3 (2 u) 2 4 3 u 4 3
N.C. State - MA - 241
Spring 2007 TherkelsenMA 241 - Exam 1 (C)Instructions Use a blue examination book to answer all parts for each problem below. Be sure to write your name and test form (C) on the front cover of the blue book. Please do not answer more than one problem p
N.C. State - MA - 241
Spring 2007 TherkelsenMA 241 - Exam 2 (C) KEY1. Find the length of the arc of the given curve, over 0 t 1. 1 y = t2 + 8, 2 x=3 1 (9 + 6t) 2 9Solution: dy = t and dx = 1 (9 + 6t) 2 (6) = (9 + 6t) 2 . Using the formula for arc length, dt dt 6 we end up
N.C. State - MA - 241
Spring 2007 TherkelsenMA 241 - Exam 2 (C)Instructions Use a blue examination book to answer all parts for each problem below. Be sure to write your name and test form (C) on the front cover of the blue book. Please do not answer more than one problem p
N.C. State - MA - 241
Spring 2007 TherkelsenMA 241 - Exam 3 (C)Instructions Use a blue examination book to answer all parts for each problem below. Be sure to write your name and test form (C) on the front cover of the blue book. Please do not answer more than one problem p