Answer to Question 1
A copyright is the term used to protect original works that fall under the categories of literature, dramatic, musical, artistic, and intellectual. These works may be published or unpublished, and the Copyright Act of 1976 gives the owner the exclusive rights to reproduce their work. A trademark is used to protect a word, symbol, device or name that is used for the purpose of trading goods (or in the case of services, a service mark). It indicates the source of goods and distinguishes them from the goods of others and avoids confusion by consumers. A patent for an invention grants a property right to the inventor that will prevent anyone else from making, using, or selling an invention, and it lasts for a limited amount of time (usually 20 years from the date the application was filed).
Answer to Question 2
When the plaintiff has different claims based on both federal and state laws, the federal court has pendant jurisdiction of the state claims.
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