trademark - Answer-protect distinctive words, phrases, symbols, and devices adopted for purpose of identifying origin of goods and services available for sale
-short and simple words
- protectable types are suggestive, arbitrary or fanciful
Genericide - Answer-When a trademark becomes so well ...
LEB 320F 37-55 Exam Questions with
Latest Update
trademark - Answer-protect distinctive words, phrases, symbols, and devices adopted
for purpose of identifying origin of goods and services available for sale
-short and simple words
- protectable types are suggestive, arbitrary or fanciful
Genericide - Answer-When a trademark becomes so well known that it becomes the
generic term for a product, and trademark rights are lost
secondary meaning - Answer-A brand name that has evolved from an ordinary term.
-think michael dell
suggestive terms - Answer-Terms that suggest rather than describe a product
automatically qualify for trademark protection. A suggestive term leaves something to
the consumer's imagination
arbitrary terms - Answer-A term, name, symbol or other device that has no bearing on a
particular good; automatically qualifies for trademark protection
-apple
fanciful - Answer-word that did not exist before company invented
Trademark Infringement: likely confusion - Answer-- plaintiff has burden of proving
defendants use of trademark will produce buyer confusion
-remedy if case is won by plaintiff is injunction and damages, can even recover
infringers profit from selling goods
Trademark Infringement: anti dilution - Answer-FTDA- if its famors right can be asserted
even when goods are not similar
*a mark not famous if it is just widely known in local geographic area or niche market
University of Texas v. KST Electric: Trademarks kst - Answer-• KST uses longhorn logo
• Likelihood of confusion is probable b/c makes it seem as if KST is endorsed by UT
• UT has niche fame
• UT's evidence fails to demonstrate the high level of recognition to show fame under
TDRA, summary judgement is appropriate on this claim UT's dilution claim is dismissed
but trademark infringement and unfair competition will go to trial
• UT has not created a genuine issue of material fact that the longhorn logo is a
"household name" so b/c UT's evidence failts to demonstrate the high levels of
recognition necessary to show fame, summary judgement is appropriate on this claim
• UT's dilution claim is dismissed but trademark infringement and unfair competition
claims will go to trial
, trade secret - Answer-A formula, device, idea, process, or other information used in a
business that gives the owner a competitive advantage in the marketplace.
- to win misappropriated case plaintiff must prove that secret was trade secret,
maintained reasonable measure to protect, that defendant improperly acquired or used
- protection technically lasts forever
Uniform Trade Secrets Act - Answer-Protects employers from having former employees
take trade secrets to new employer
Economic Espionage Act - Answer-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.
Defend Trade Secrets Act - Answer-allows owner to file suit for damages when
misappropriated
Integrated Cash Management Services v. Digital Transactions, Inc.: Trade Secrets -
Answer-• Employee gets in trouble by taking confidential info even if it's just their
memory
• Defendants may not distribute any unmodified ICM programs during or after 6 month
period
• The district court's injunction, when considered in toto, is a reasonable and wise
exercise of discretion - Affirmed
• ICM had a trade secret and took measures to protect it including an NDA signed by
both Newlin and Vafa. They also were not supposed to work for six months after leaving
ICM.
Patents - Answer-an exclusive right to make or sell an invention granted by government
- require means of utility
-patentable subject matter
- must be novel (first to file product system)
- nonobviousness
infringement (patents) - Answer-A violation, as of a law, regulation, or agreement; a
breach
- note for patents
-successful plaintiff are subject to injunction and damages
Literal Infringement (patents) - Answer-somebody comes in and copies every aspect of
your invention and then sells it themselves
Doctrine of Equivalents - Answer-under this, a device or method can infringe on a
patent if it is substantially equivalent to the patented device or method
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