Intellectual property consists of the fruits of someone's mind. The laws of intellectual property protect property that is the result of mental creativity rather than physical effort. Protection from various forms of of intellectual property comes from trademarks, trade secret protection, patents, and copyrights. For this discussion question answer the following questions:

1. Can you list and define the classic factors that a court must weigh when determining whether there has been trademark infringement that warrants an award of damages and an injunction?

2. What is the relationship between copyright infringement and the fair-use doctrine?

3. Identify the factors one would look at when deciding whether to protect intellectual property either with a patent or through trade-secret law?

Answer rating: 100% (QA)

1 Factors for Determining Trademark Infringement Similarity of the Marks Courts will consider the similarity between the allegedly infringing mark and the registered or established trademark in terms ... View the full answer