Week 4 Notes
TRADE SECRET
- must be a secret
- economic advantage
- potentially perpetual
- corporate right of privacy
TRADEMARK
- Different from the others in that it's not (theoretically) inherently valuable, but only symbolically
- “Source of Origin”
- Potentially perpetual
- Can be a very wide range of “things...”
- you don't want it to be "Representative"
- Going from "confusion" to "dilution"
- SCOPE
Mostly not too controversial except
● Unfairly scoped and/or wielded (e.g. Sam Bucks Coffee?)
● Weirdly Deceptive? (Famous Amos Cookies?)
● And wait – what is FSU doing?
PATENT
Must be:
● Novel (new)
● Non-obvious
● Useful
prototype?
Not patentable theoretically - Naturally occuring things like – plants and algorithms.
BUT
- man made living things
- not the "thing" but the process....
Reverse Engineering?
Patent don't care.
This is why a lot of people oppose them CATEGORICALLY.
First to invent
First to FILE
Software Patents / Patent Trolls