1. Section 1 Material Bus Law 433
Review Slides
Section 1 Material
Bus Law 433

2. You can bring one note card with notes – 4x 6 or smaller – both sides
Test 1 Summary
Subject
# of Questions
Patent 13
Copyright
Trade Secret 16
Trademark
Ethics 1
Total
60 ( 1 not accounted for above)
Multiple Choice
Read all questions and answers
No penalty for guessing
Some Key Considerations
11 case presentation questions - key holdings – not facts of the cases
Differences between patent, copyright, trademark and trade secrets important (a few questions asking about the differences)
Most questions are short scenarios with question as to the result or issue
Understand laws – test will expect you to know the definitions of the key laws discussed, but will test more on applying the law than memorization
Sample Questions

3. Patent Law, p1 ETHICS ALSO COVERED Elements Benefits Types
Patentable subject matter – man made (FIRST GROUP PRESENTATION)
Useful
Novel
Non-obvious
Adequately described
Benefits
20 years
Exclusive monopoly – compared to trade secret
Types
Design – FUNCTIONAL
Utility
Plant
Infringement
Direct infringement (read the patent and cannot do what is patented)
Contributory infringement
Defenses
Not novel, non-obvious, and useful
Experimental use defense
For design patent – it’s functional

4. Patent Law, p2
Remedies
Injunction (post ebay must prove money is not adequate)
Monetary Damages
Lost Profits
Reasonable Royalty
Treble Damages (unusual – if willful or reckless)
Business Process/Method Patent
– State Street Bank Presentation Case
International Patent Issues
Power of US patent overseas (must get patent in country)
First to file v. first to invent (prior to 2011)
US to keep secret – world does not
US and world allow for challenge in patent office (US after it issues – world before it issues)
Business method US ok – world mixed
Worked US NO – World, yes in some countries
Grace period in US one year – World no (can publish 1 year before patent application filed)

5. Copyright What’s protected How do you secure a copyright
Literary works – books, articles, …
Musical works (song writers, singers, musicians, …
Dramatic works
Pictures, sculptural
Motion pictures
Feist Publications v. Rural Telephone Presentation Case – “facts”
NOT clothing or folk art
How do you secure a copyright
Federal registration ©
Standard
Originality – some minimal amount – not much less original works get lower protection but still cannot be copied
Author must have created the work
Term
95 years for pre-1978 works
Life of the author plus 70 years for post 78
RIAA and ASCAP – what are they – how do they work with businesses and artists

6. Copyright, p. 2
Ownership of the copyright (note: same rules apply to other intellectual property rights)
Employee v. Independent Contractor (tests for what is an independent contractor)
Community for Creative Non-Violence v. Reid Presentation case
Copyright infringement (fair use exception)
Purpose of act – teaching, research, for profit
Nature of work copies (published or unpublished – fact or fiction)
The effect of the use of the copyright owner’s value
The amount used
Micro Star v. Formgen Presentation Case (derivative works & permanent and concrete)
Transformative use - A.V. v. iParadigmns Presentation Case (Turnitin)

7. Copyright, p. 3 Contributory Infringement Damages Injunction
Impoundment
Monetary damages
Criminal if “wilful”
Copyright the expression of the idea – not the idea itself – Pull My Finger Fred, versus patent – get patent in idea expressed by the patent application.
Defenses
Fair use
Parody (see previous slide for factors in infringement – for example teaching and scholarship get a limited fair use exception)
Permanent and Concrete - Micro Star v. Formgen Presentation Case

8. Trade Secrets New Federal Trade Secrets Law
Can now sue in federal court
Can choose state or federal law
Federal law basically codifies model trade secrets law most states already follow
What is a Trade Secret. Formula, pattern, device or combination of information …. Which gives and economic advantage and efforts taken to keep secret - know what is a trade secret and what’s not
Inevitable disclosure rule
Pepsi v. Redmond Presentation Case
Patent v. trade secret
Ownership of trade secret
Employee developed
Employee developed outside of scope of job – on own – using company resources – or not

9. Trade Secrets
Misappropriation of a trade secret (what’s okay to do and what’s not)
Employees taking secrets
Reverse engineering
Electro-Craft v. Controlled Motion Presentation Case
How to protect a trade secret (what’s required)
Label confidential (maybe?)
Tell employees it’s a trade secret
Lock doors
Shred
Remedies for trade secret violation
Non-compete (limited scope and duration)
Non-disclosure
Unsolicited ideas

10. Trademark, page 1
Defined. Word, symbol, name or combination used to identify and distinguish a good
Color as a Mark, Qualitex v. Jacobson Products Presentation Case
Trade Dress (what is it?)
Inherently distinctive/secondary meaning
Non-functional (leatherman)
Two Pecos v. Taco Cabana Case (inherently distinctive)

11. Trademark, page 2 Strength of Marks Inherently Distinctive Fanciful
Arbitrary
Suggestive
Not Inherently Distinctive
Descriptive
Geographic
Personal
Non-Distinctive – Generic
Trademark Registration - Advantages, when,®, TM (do you have to file? When can you file?)
Lost Trademark

12. Trademark, page 3 Infringement Remedies Re-Importation
Strength of Mark
Similarity
Similarity of Products
Likelihood they will enter each other’s markets
The extent of actual confusion
The defendant’s lack of good faith in adopting the mark
The quality of defendant's product
The sophistication of the buyer
Venture Tape v. McGills Glass Presentation Case (meta data)
Defenses
Fair Use
Parody
Mattel, Inc. v. MCA Records presentation case
Remedies
Injunction
Actual damages
Lost Profits
Treble damages – willful only
Re-Importation
Dilution (v. infringement)
Tarnishment
Blurring
Cyber squatting