2 - Ch "9"

Question 1

trademark

Answer 1

identifies a product

Question 2

service mark

Answer 2

identifies a service

Question 3

Lanham Act

Answer 3

the principal register protects others from using a mark

Question 4

Madrid protocol

Answer 4

international registration
owners of marks registered with the US Patent and Trademark Office can register and protect their mark in 60 countries

Question 5

Registrable Marks

Answer 5

marks are categorized along a spectrum of distinctiveness
when a phrase becomes identifiable with a service product , it has acquired distinctiveness or secondary meaning and functions as a trademark

Question 6

proving trademark infringement

Answer 6

plaintiff must provide that it has a valid mark, used the mark first, and that another’s use of it will confuse consumers

Question 7

remedies for improper use of marks

Answer 7

injunction
plaintiff may recover lost profits and other actual damages. Willful violation can lead to treble damages

Question 8

Abandonment of exclusive right to mark

Answer 8

an owner can lose a mark if it becomes generic

Question 9

trade dress protection

Answer 9

trade dress involves a product’s total image and overall packaging
when a competitor adopts a confusingly similar trade dress, it dilutes the mark and deceives consumers

Question 10

Limited Lanham Act Protection of Product Design

Answer 10

trade dress has evolved to encompass product design to prevent against “knockoffs”
copying a mark and making counterfeit goods is always a violation

Question 11

Prevention of Dilution of Famous Marks

Answer 11

the federal trademark dilution act provides a cause of action against the commercial use of another’s mark when it results in dilution of its distinctiveness

Question 12

Internet Domain Names and Trademark Rights

Answer 12

cybersquatters: set up identical or confusingly similar domain to existing trademarks
dispute avoidance: can be achieved by having an extensive trademark search done to make sure your choice is not trademarked

Question 13

Duration of Copyright

Answer 13

run for the life of the creator plus 70 years
if a business pays someone to create the work, the copyright runs for 120 years from the creation (95 from publication)

Question 14

Copyright Notice

Answer 14

not mandatory but recommended to prevent a claim of innocent infringement
to claim infringement must have two copies of the work registered with the US Patent Office

Question 15

What is Copyrightable?

Answer 15

literary, musical, dramatic, and artistic works
work must be original, independently created by the author, and possess some degree of creativity

Question 16

Copyright ownership and the internet

Answer 16

when a business hires a freelancer to create a copyrightable work, the “work for hire” is owned by the business
if a freelancer creates software for a fixed fee without a contract setting forth the ownership, the freelancer owns the work. The company utilizing the freelancer has a license to use the work but does not have ownership of it

Question 17

rights of copyright holders

Answer 17

copyright holders have exclusive right to :
-reproduce the work
-prepare derivatives from the original work
-distribute copies of recordings of the work
-publicly perform the work
-publicly display the work

Question 18

Limitation on exclusive character of copyright

Answer 18

fair use allows limited use of copyright materials based on:
-purpose and character of the use
-nature of the work; amount used
-the amount and substantially of the portion used in relation to the copyrighted work as a whole
-the effect on the use on the markets or value

Question 19

Secondary Liability for Infringement

Answer 19

entities that distribute devices designed to infringe copyrights are liable for the infringement

Question 20

digital millennium copyright act

Answer 20

enacted in 1998 to curb pirating of software and copyrighted works
Title II provides “safe harbor” for ISPs from liability in limited circumstances

Question 21

Patents
types : duration : notice

Answer 21

utility patents: granted for a new process, machine, manufacture, composition or improvement for 20 years
design patents: protects new, non-obvious ornamental features in connection with manufacture for 14 years
plant patents: protects inventors of asexually reproduced new plant varieties for 20 years
notice: patent owners must mark patented items in order to recover damages from infringement
the america invents act: amended federal patent law in 2011

Question 22

patentability

Answer 22

four categories: processes, machines, manufacturers, and compositions of matter
to receive a patent, the invention must be new and not obvious
once approved, presumed valid unless prior art (showing invention would have been obvious) is proven

Question 23

Patentable Business Methods

Answer 23

a pure business-method patent consists of a series of steps related to performing a business process

Question 24

Infringement

Answer 24

patent owner has exclusive right to the invention and may bring an infringement suit for monetary damages, injunctive relief and maybe attorney fees
under supreme court’s “doctrine of equivalents,” infringers may not avoid liability by substituting insubstantial differences for some elements of the product or process

Question 25

trade secrets

Answer 25

any formula, device, or compilation of information used in one’s business that provides an advantage over competitors who do not have that information

Question 26

loss of protection

Answer 26

when secret business information is made public, it loses the protection it had while secret

Question 27

defensive measures

Answer 27

limited disclosure, non-disclosure agreements, exit interviews and industrial security plans

Question 28

criminal sanctions of secret business information

Answer 28

fines up to $500,000 or twice the value of the proprietary information; up to 15 years in prison
corporations fined up to $10 million or twice the value of the secret
offender’s property is subject to forfeiture

Question 29

copyright protection of computer programs

Answer 29

written programs have the same protection as any other copyrighted material

Question 30

patent protection of programs

Answer 30

patents have been granted for computer programs

Question 31

trade secrets

Answer 31

trade secret law extends to computer programs

Question 32

restrictive licensing

Answer 32

it is common for software creators to license software use to others instead of selling it to them

Question 33

semiconductor chip protection

Answer 33

semiconductor chip protection act applies to mask work and chip products
-duration and qualification for protection: exclusive rights for 10 years for works that are not commonplace or familiar
-limitation on exclusive rights: competitors may design similar, but not identical, products
-remedies: infringers are liable for actual damages and the forfeiture of profits to the owner or up to the $250,000 statutory damages

Question 34

copyright

Answer 34

the exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work