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HA 385 Review - materially contributes to the infringing...

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HA 385 Review Copyright and Trademark are only 2 forms of Ip that accrue or attach automatically No papers need be filed or submitted Trademark rights : common law As soon as you used it in commerce And It is distinctive from all other things Trade Secret: come up with something that is economically viable, and then keep the secret from other people using it Patent can stop someone from inventing something u have already invented However, trade secret does not protect from reverse engineering No breach of secret, No improper discovery Damages: Trademark: Usually seek an injunction on defendant, also damages for infringement that already occurred Trade Secrets are the weakest IP: Section 4 of Napster Case: Contributory copyright infringement 1. Knowledge of infringing activity 2. Induces, causes or
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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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