BUSI 2301 Chpt 7 Lee College Baytown TX
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Trade Secret
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A product formula, pattern, design, complication of data, customer list, or other business secret.
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Economic Espionage Act
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A federal statute that makes it a crime for any person to convert a trade secret for his or her own or another's benefit, knowing or intending to cause injury to the owners of the trade secret.
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Federal Patent Statute
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A federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement.
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US Court of Appeals for the Federal Circuit
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A special appeals court that hears appeals from the Board of Patent Appeals and interferences and federal court concerning patent issues.
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Provisional Application
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An application that an inventor may file with the PTO to obtain 3 months to prepare a final patent application
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Utility Patent
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A patent that protects the functionality of the invention
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Requirements For Obtaining A Patent
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To be patented, an invention must be (1) novel, (2) useful, and (3) nonobvious.
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Leahy-Smith America Invents Act (AIA)
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A federal statute that significantly amended federal patent law.
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Copyright
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A legal right that gives the author of qualifying subject matter, who meets other requirements established by copyright law, the exclusive right to publish, product, sell, license, and distribute the work.
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Copyright Revision Act
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A federal statue that (1) establishes that requirements for obtaining a copyright and (2) protects copyrighted works from infringement.
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Berne Convention
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An international copyright treaty.
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Patent Infringement
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Unauthorized use of another's patent. A patent holder may recover damages and other remedies against a patent infringer.
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Design Patent
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A patent that may be obtained for the ornamental nonfunctional design of an item.
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Copyright Infringement
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An infringement that occurs when a party copies a substantial and material part of a plaintiff's copyrighted work without permission. A copyright holder may recover damages and other remedies against the infringer.
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Fair Use Doctrine
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A doctrine that permits certain limited use of copyright by someone other than the copyright holder without permission of the copyright holder.
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No Electronic Theft Act (NET Act)
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A federal statute that makes it a crime for a person to infringe willfully on a copyright.
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Digital Millennium Copyright Act (DMCA)
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A federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works.
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Mark
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Any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers.
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Lanham (Trademark) Act
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A federal statute that (1) establishes the requirements for obtaining a federal mark and (2) protects marks from infringement.
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(R)
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A symbol that is used to designate marks that have been registered with the US Patent and Trademark Office.
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TM
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A symbol that designates an owner's legal claim to an unregistered mark that is associated with a product.
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SM
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A symbol that designates an owner's legal claim to an unregistered mark that is associated with a service.
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Trademark
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A distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.
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Service Mark
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A mark that distinguishes that services of the holder from those of its competitors.
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Certification Mark
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A mark that certifies that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark.
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Collective Membership Mark
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A mark that indicates that a person has met the standards set by an organization and is a member of that organization.
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Distinctive
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Being unique and fabricated.
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Secondary Meaning
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A brand name that has evolved from an ordinary term.
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Trademark Infringement
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Unauthorized use of another's mark. The holder may recover damages and other remedies from the infringer.
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Generic Name
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A term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.
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Federal Trademark Dilution Act (FTDA)
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A federal statute that protects famous marks from dilution, erosion, blurring, or tarnishing.
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Trademark Dilution Revision Act
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A federal statute that states that a plaintiff must only show that there is a likelihood of dilution to prevail in a dilution lawsuit against a defendant.
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Intellectual Property
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Patents, copyright, trademarks, and trade secrets. Federal and state laws protect intellectual property rights from misappropriation and infringement.
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Blurring
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Occurs where a party uses another party's famous mark to designate a product or service in another market so that the unique significance of the famous mark is weakened.
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Tarnishment
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Occurs where a famous mark is linked to products of inferior quality of is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner.
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Reverse Engineering
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A competitor who has reverse engineered a trade secret can use the trade secret but not the trademarked name used by the original creator of the trade secret.
