Trade Secret
Eligible Subject Matter - Commercially Valuable - Must be a secret Reasonable precautions to protect secret
Patent Protectable Subject Matter - New or useful process, machine, matter, etc, or improvement. Utility (3) Novelty (2) Non-obvious (4 Steps) Enablement (4)
Copyright Elements Copyrightable Subject Matter - Original Works of Authorship - Fixed in tangible medium of expression Formalities Domain and Scope Rights Duration RIGHTS CONFERRED Reproduction Prepare Derivative Right to publish Right to make Public Moral Rights
Trademark Eligible Subject Matter - Trademark, dress, service mark, collective mark Distinctive (3 categories) Used in Commerce Ownership Registering TM
Right to exclude someone else from making, using, selling, offering or importing the claimed invention for a term of years
What It is Not For! Things in public domain or readily ascertainable Laws of nature Products of nature Discovery Abstract ideas Mathematical algorithms Ideas Useful article doctrine Government works Grounds for refusal Generic Functional
Secret Must be acquire wrongfully
INFRINGEMENT Claims Construction Right of Reproduction Literal Infringement Prepare derivative works Doctrine of Equivalents Copying Publicly distribute, display, perform Invalid Patent Implied License/ First Sale/ Repair and Reconstruction Experimental Use Inequitable Conduct Patent Misuse Laches DEFENSES Fair Use Independent Creation Consent License CR misuse Inequitable Conduct 1st Amendment SOL Public interest REMEDIES Injunction - Preliminary - Permanent - Impoundment Damages - You can get profits
TM infringement Anti-dilution Anti-cyber squatting
Reverse Engineering Independent Research Observation in public display Obtaining through journal Material reliance prior to knowledge of secret (only for mistake)
Say its generic Immoral, Scandalous, Deceptive Uses the Flag Person identify w/o consent Cause Confusion with an existing mark Abandonment Functional
Injunction - Negative - Positive - Head Start Damages - damages - actual loss - lost profits - D profits
Injunction Damages - reasonable royalty - no D profits
Just like CR and Patent for Injunction Damages - You can get profits