Law Questions

those that did not exist in the language prior to their use as a mark- Arbitrary Marks- Descriptive trademark- Fanciful Marks- Generic marks- Secondary Meaning/Acquired Distinctiveness- Suggestive trademark)

Same rights & responsibilities as in a ___ (unlimited liability)Usually runs day to day operations of business (General partner/Limited partner)Some liability protection from acts and obligations incurred by ___Liability extends to amount of their investment (General partner/Limited partner)

A less expensive and detailed application that allows one year's protection to provide time to further investigate or pursue licensing before filing a regular patent application.Actual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

An owner of a federal registered trademark can sue others for this if another's use is likely to cause confusion in the marketplaceActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

a trademark that actually describes the goods- Arbitrary Marks- Descriptive trademark- Fanciful Marks- Generic marks- Secondary Meaning/Acquired Distinctiveness- Suggestive trademark)

a word, symbol, or phrase, used to identify a particular seller's products and distinguish them from the products of another sellerPatentsTrade secretTrademark

through advertising, use and association, over time, an ordinary descriptive word or phase has taken on a new source-identifying meaning and functions as a mark in the eyes of the public- Arbitrary Marks- Descriptive trademark- Fanciful Marks- Generic marks- Secondary Meaning/Acquired Distinctiveness- Suggestive trademark)

involves an infringement that occurs in an area under your supervision, and when you should have been policing and preventing such actsActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

absolute liability for a defective product that is unreasonably dangerous and has caused harmJoint & Several liabilityProduct LiabilityStrict LiabilityStrict Tort Liability

describe the general category of the product/service- Arbitrary Marks- Descriptive trademark- Fanciful Marks- Generic marks- Secondary Meaning/Acquired Distinctiveness- Suggestive trademark)

those that have no relation to the goods or services associated with the mark other than identifying the source- Arbitrary Marks- Descriptive trademark- Fanciful Marks- Generic marks- Secondary Meaning/Acquired Distinctiveness- Suggestive trademark)

any evidence the invention is already known; may prevent a patent being issued or invalidate a patent already issuedActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

Buyer intends to use goods for a particular purpose, &not as the goods are ordinarily intended to be usedExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title

a name that suggests without describing the product- Arbitrary Marks- Descriptive trademark- Fanciful Marks- Generic marks- Secondary Meaning/Acquired Distinctiveness- Suggestive trademark)

give inventors the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention within the US for 20 yearsPatentsTrade secretTrademark

occurs when an infringement committed by another person would not have happened without your helpActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

Limited Partnership:Requires at least 1 ____ & at least 1 ______

Patents are exclusively governed by Federal LawAssumption of Riskbusiness tort lawCopyright ActLanham Act and State LawsPatent ActSports Exception DoctrineThe Magnuson-Moss Act

Copyrights are exclusively regulated by Federal LawAssumption of Riskbusiness tort lawCopyright ActLanham Act and State LawsPatent ActSports Exception DoctrineThe Magnuson-Moss Act

Implied in every contract for the sale of goods where seller is amerchant for the type of goods soldExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title