Sport law FSU test 2 || with 100% Error-free Answers.
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Course
Sport law FSU
Institution
Sport Law FSU
Intellectual Property correct answers is "intangible," as opposed to real property (real estate, land) and personal property (phone, backpack etc)
IP includes correct answers patents, copyrights, trademarks, and trade secrets
Rationale of Patents correct answers Government wants to encourage ...
Sport law FSU test 2 || with 100% Error-free Answers.
Intellectual Property correct answers is "intangible," as opposed to real property (real estate,
land) and personal property (phone, backpack etc)
IP includes correct answers patents, copyrights, trademarks, and trade secrets
Rationale of Patents correct answers Government wants to encourage scientific development, so
it allows inventors to have legal protection for the inventions. That legal protection allows them
to make money. If they couldn't make money, they wouldn't motivated to come up with new
ideas.
Patents may be granted for correct answers a. Process: How to... b. Machine c. Manufacturer d.
Composition of matter (pharmaceutical drugs) e. Improving upon the first 4 categories f.
Ornamental design for a product g. Plant, or organic matter h. Business method
Patents may not be granted if correct answers a. Lacks novelty; not new b. Is obvious c. Has no
utility
Mechanics for patents correct answers a. File an application with the U.S. Patent and Trademark
Office; patent is good for all 50 states, but not outside of the U.S b. If patent, then there is a
number. If "patent pending" they say it. c. Patent usually lasts for 20 years
Patents consideration correct answers work made for hire doctrine; may have to transfer rights to
invention to employer
Damages for Patent Infringement correct answers compensation for value infringed plus court
costs and interest
Copyrights correct answers Gives exclusive rights to creators of "original works of authorship"
Protects books, paintings, songs, computer code, photographs and movies lecture outlines etc.
Symbol - copyright correct answers C with a little circle is the symbol
Fair-Use Doctrine correct answers limited use is okay for noncommercial research and education
Duration - copyright correct answers general rule is life of the author/creator plus 50 years
(although many exceptions)
Work-Made-For-Hire correct answers If you work for a company, your job is to create things
that are copyrighted for your employer, no copyright granted if you're hired for that purpose.
Damages - Copyright correct answers if infringement, plaintiff gets actual damages plus
defendants' profits
, Trademarks correct answers Words and Names. Symbols, i.e. Nike Swoosh. Colors, if
distinctive. FSU Garnet and Gold. Sounds and Smells
Symbol - TM correct answers "TM" if unregistered. R with little circle if registered
Requirement - trademark correct answers must be "distinctive"
Registration TM correct answers file application with the U.S. Patent and Trademark Office
Duration - TM correct answers initial 10-year term with additional 10 year renewals
Damages - TM correct answers if infringement, plaintiff gets money damages plus an injunction
telling them to stop doing it
licensing - correct answers A license allows a licensee to pay the licensor a fee or commission
(e.g. royalty) to use a trademark in connection with a product or service.
Trade Secrets correct answers Any secret formula, pattern, process, program, device, method,
technique, or compilation of information used in owner's business; and Gives owner an
advantage over competitors; and Reasonable efforts are made to keep it secret. Famous Example
- Coca Cola kept their formula as a trade secret
Scope of antitrust and labor laws correct answers there are both federal and state antitrust and
labor laws (our focus will be on federal)
Goals of Antitrust Laws correct answers 1. Facilitate fair and robust in business 2. Prevent
monopolies, price fixing, and collusion 3. Protect consumers (via low and fair prices)
Goals of Labor Laws correct answers 1. Protect the rights of workers 2. Allow workers to
"collectively" bargain with an employer as a single unit in furtherance of a collective bargaining
agreement ("CBA") 3. In sports, labor unions are called "player's associations
Sherman Act of 1890 - two parts correct answers Section 1 - forbids contracts, combinations or
conspiracies that unreasonably restrain trade. Section 2 - prohibits monopolization of trade and
commerce
Government Action correct answers 1) Up to $350k for individual violations 2) Up to $10
million for corporate violations
Private Action correct answers 1. treble (3x) damages EX, USFL vs NFL alleged that NFL
monopolized NFL market. Found guilty 2. and court costs and attorney's fees
Clayton Act of 1914 correct answers Section 6 - labor unions and related activities are exempt
from the Sherman Act (aka "a statutory labor exemption") Section 16 - government or private
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