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Unformatted text preview: materially contributes to the infringing activity; may be held liable Respondeat superior: you must be held liable for the actions of your employees Sections 5 vicarious infringement: 1. case in which defendant has the right and ability to supervise the infringing activity, 2. and a direct financial interest in the activity Spectrum for Trademark: Fanciful Arbitrary Suggestive = Inherently distinctive Descriptive =presumption of non distinctive - Generic = Never TM Breach of confidential relationship = employee employer relationship u have fiduciary responsibility to not disclose information gained at another job, based upon a trade secret (Chevron Oil Case) Improper discovery: Stealing, hacking, putting a gun to head of employee...
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This note was uploaded on 02/07/2012 for the course HADM 387 taught by Professor Sherwyn during the Spring '08 term at Cornell University (Engineering School).
- Spring '08