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LEB 323 Exam -Questions with 100% Correct Answers| Verified
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LEB 323 Exam -Questions with 100% Correct Answers| Verified
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LEB 323 Exam -Questions with 100% CorrectAnswers| Verified
What are "patent trolls"? - ✔✔patents sold to these trolls who come in and sit on them and
then wait for someone to produce something like it and sue them
How are some businesses like patent trolls? - ✔✔offer the competitor to buy their patent
and then buy it and sit on it because they already have something similar on the market
Patent Infringement Claims - ✔✔list of things the patent owner is wanting protected under
the law, very detailed
How similar does the competing product need to be? - ✔✔the product has to be almost
identical
What are the legal remedies for patent infringement? - ✔✔take the identical product off the
market, compensation for lost profits, their profit from the product, plus consequential
damages
consequential damages in the realm of patent infringement - ✔✔money lost because of
indirect money lost, if the company intentionally stole the product, there could also be punitive
and treble damages
Case: Larami Corp. v. Alan Amron & Talk To Me Products, Inc. - ✔✔both companies made
water guns, Alan Amron sued Larami for patent infringement, but the water gun designs were
deemed different enough and qualified for its own patent
What is a copyright? - ✔✔automatic and immediate protection for creative media
,Who owns the copyright? - ✔✔the creator
Requirements for a Copyright? - ✔✔1. Original Expression (interpretation of ideas)
2. Fixed in a Tangible Medium (most likely written down)
What subject matter can be protected under a copyright? - ✔✔movies, plays, a script, set,
stage, sculptures, blueprints
Facts can NOT be copyrighted
Copyright Infringement Requirements - ✔✔1. access to the work
2. substantially similar (confused with the original)
Registered vs. Unregistered - ✔✔Unregistered, you only get the injunction
Registered, you get money too
Copyright Infringement Requirements - ✔✔1. D had access to the work
2. Substantially identical
What is secondary infringement of a copyright? - ✔✔Anyone who assists in the infringement
Case: Benay v. Warner Bros. - ✔✔Benay sued Warner Bros for infringement on a screenplay
called The Last Samurai. Court watched both, the names were identical, but the stories were
different. It was deemed not an identical expression.
Defenses for Infringement - ✔✔Archiving (non-profit historical groups)
Fair Use
, What's deemed "Fair Use" as a copyright infringement? - ✔✔Academia: copying articles for
class
Needs to be copied: to be critiqued or for a parody
What is not deemed "Fair Use" for copyright? - ✔✔Any commercial use or benefit (financial
or not)
What is a trademark? - ✔✔Anything unique and distinct, associated with a company
What are the 4 Categories of a Trademark? - ✔✔1. Generic: common words
2. Descriptive: nouns with adjectives
(These two cannot be trademarked)
3. Suggestive (does not describe product but relates to it)
4. arbitrary or fanciful (creative, not expected)
First to Use Trademarks - ✔✔Based on geographic region, have to register or be the first to
register
First to Register Trademarks - ✔✔Prove you didn't know about the previous use, can't use
mark in geographic location of first user
First user gets nationwide protection if they plan to go nationwide
"Intent to Use" trademark - ✔✔Not yet substantially nationwide, but priority goes to the
business that is trying to expand
What is "genericide"? - ✔✔Once brand name terms become generic due to a relapsed
trademark. "Aspirin" is an example. Kleenex was able to avoid it thought
Remedies for "Genericide" - ✔✔Injunction (prohibiting further use)
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