Blaw Exam 2

Intellectual Property (IP)

Legal protections for creations of the mind.

Trade Secret

Confidential business information providing a competitive advantage.

Patent

Grants exclusive rights to an invention.

Copyright

Protects original works of authorship.

Trademark

Protects symbols, names, and slogans used for goods/services.

Misappropriation of a trade secret

Unauthorized use or disclosure of a trade secret.

Patent eligibility rule

"First to file."

Criteria for a patentable invention

Novel, useful, non-obvious.

Utility Patent duration

20 years.

Design Patent duration

15 years.

Patent lawsuit appeal

Federal Circuit Court of Appeals.

Copyright protection duration

Life of author + 70 years.

Fair Use in copyright law

A defense allowing limited use without permission, considering factors like purpose, nature, amount used, and effect on market value.

Obtaining a trademark

Common law use, state registration, or federal registration (USPTO).

Trademark duration

Indefinitely, as long as it is actively used.

Lanham Act

Covers trademark registration and enforcement.

Federal Trademark Dilution Act

Prevents weakening of famous marks.

Sherman Antitrust Act

Prohibits monopolies, price-fixing, and anti-competitive agreements.

Clayton Act

Regulates mergers, exclusive dealings, and anti-competitive practices.

FTC Act

Created the Federal Trade Commission (FTC).

Price fixing

An agreement between competitors to set prices.

Relevant market in antitrust law

The market scope used to determine monopoly power.

Monopoly power market share

Over 70%.

Administrative Procedure Act (APA)

Sets procedures for federal agency rulemaking.

Freedom of Information Act (FOIA)

Allows public access to government records.

Negligence

Failure to exercise reasonable care, causing harm.

Elements of negligence

Duty, Breach, Causation, Injury, Damages.

Negligence Per Se

When violation of a statute is automatically considered negligent.

Res Ipsa Loquitor

"The thing speaks for itself"—applies when negligence is obvious.

Strict Liability

Liability regardless of intent or negligence, usually for abnormally dangerous activities.

Attractive Nuisance Doctrine

Holds property owners liable if a hazardous condition attracts children.

Good Samaritan Doctrine

Protects individuals providing emergency aid from liability.

Gross Negligence

Extreme reckless disregard for safety.

Defenses to negligence

Intervening Event, Assumption of Risk, Comparative Negligence.