AJ 025 Lecture Notes - Lecture 23: Leahy-Smith America Invents Act, Trade Secret, Patent Infringement

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Imprisoned up to 10 years (more if repeat offenders) If statute was violated: forfeit and destroy counterfeit products, property used in commission of the crime, pay restitution to trademark holder/victim in amount equal to victim"s actual loss. U. s. cannot prosecute foreign counterfeiters under u. s. laws (our laws do not apply to them) U. s. officials can obtain a court order to close down domain names of websites that sell counterfeit goods. Trade names: a name that a business uses to identify itself and its brand. A trade name is directly related to a business"s reputation and goodwill and is protected under trademark law. Cannot be registered with government unless it"s also a trademark (ie. coca-cola) Licensing: an agreement by the owner of intellectual property to permit another to use a trademark, copyright, patent or trade secret for certain limited purposes. Licensor: party that owns the intellectual property rights. Licensee: party obtaining the license is the licensee.