CH 11 - Intellectual Property

Question 1

Abandonment

Answer 1

the failure to use a mark after acquiring legal protection, which may result in the loss of rights

Question 2

Arbitrary mark

Answer 2

A trademark that is a real word whose ordinary meaning has nothing to do with the trademarked product

Question 3

best mode

Answer 3

The best way the inventor knows of making an invention at the time of filing the patent application

Question 4

blurring

Answer 4

dilution by blurring occurs when the distinctiveness of a famous mark is impaired by association with another similar mark or trade name

Question 5

claims

Answer 5

the description of the elements of an invention that will be protected by the patent

Question 6

contributory copyright/patent infringement

Answer 6

inducing, causing, or materially contributing to the infringing conduct of another with knowledge of the infringing activity

Question 7

counterfeit mark

Answer 7

made in exact imitation of something valuable with the intention to deceive or defraud
a fraudulent trademark that is indistinguishable from a registered trademark that is used with the intention to deceive

Question 8

Cybersquatting

Answer 8

Registering a domain name that is confusingly similar
or identical to a protected trademark, where the person
registering the domain name has no legitimate interest
in that particular domain name and registers and uses it in bad faith

Question 9

Derivative work

Answer 9

Work based upon a copyrighted work

Question 10

Descriptive mark

Answer 10

An identifying trademark that directly describes (size,

color, use of) the goods sold under the mark.

Question 11

Direct copyright

infringement

Answer 11

The unauthorized violation of at least one of the five

exclusive rights of a copyright holder

Question 12

Direct patent

infringement

Answer 12

The making, use, or sale of any patented invention in
the jurisdiction where it is patented during the term of
the patent

Question 13

Doctrine of

equivalents

Answer 13

A direct infringement of a patent has occurred when a
patent is not literally copied, but is replicated to the extent that the infringer has created a product or process that works in substantially the same way and accomplishes substantially the same result as the patented invention

Question 14

Fair use doctrine

Answer 14

Protection of a defendant from liability for infringement
for infringing a copyright when countervailing public
policies predominate. E.g., literary criticism, news
reporting, education, and research use

Question 15

Trademark vs. Copyright

Answer 15

Trademarks protect items helping to define a company brand, for example, logos, brand names, slogans, etc. Copyright, on the other hand, protects literary and artistic work, for example, books, videos, etc.

Question 16

Fanciful mark

Answer 16

A trademark that is a coined term having no prior meaning until used as a trademark in connection with a particular product

Question 17

First sale doctrine
(copyrights/patent/
trademarks) 
Patent exhaustion
doctrine

Answer 17

Preventing a copyright/patent/trademark holder from seeking additional control and royalties once they have sold such articles

Question 18

Genericity

Answer 18

The use of a trademark as a generic name for the

product. E.g., “Coke” for any Cola flavored beverage

Question 19

Indirect

infringement/ inducement to infringe

Answer 19

One party’s active inducement of another party to infringe a patent

Question 20

Inevitable disclosure

doctrine

Answer 20

Permission for a former employer to prevent an employee from working for a competitor when the new position will require the employee to disclose the trade secrets of the former employer

Question 21

enjoin

Answer 21

prohibit someone from performing (a particular action) by issuing an injunction

Question 22

Inevitable disclosure

Answer 22

Inevitable disclosure is a legal doctrine through which an employer can claim trade secret to enjoin a former employee from working in a job that may result in the use of trade secrets without the need for proof or evidence.

Question 23

Merger doctrine

Answer 23

In copyright law, when an idea and its expression are inseparable, the expression is not copyrightable

Question 24

Noninfringement

Answer 24

A defence asserting that the allegedly infringing act does not fall within the claims/scope of the issued patent/copyright

Question 25

Patent assertion

entity (PAE)

Answer 25

A nonpracticing entity that obtains or purchases one or more patents with the intent of enforcing the patents against infringers in exchange for royalties, rather than to manufacture/supply the patented product

Question 26

Patent misuse

Answer 26

A defence asserting that although the defendant has infringed a valid patent, the patent holder has abused its patent rights and therefore has (temporarily) lost its right to enforce them

Question 27

Plant patent

Answer 27

a patent issued for new strains of asexually reproducing plants

Question 28

prior art

Answer 28

inventions, publications, or preexisting art that relates to a claimed invention

Question 29

Prosecution history estoppel

Answer 29

Preventing a patent owner involved in infringement from introducing any evidence at odds with the information contained in the original application on file

Question 30

registered mask work

Answer 30

Highly detailed transparencies representing the topological layout of semiconductor chips that have been duly registered with the proper governmental authority.

Question 31

duly

Answer 31

in accordance with what is required or appropriate; following proper procedure or arrangement.

Question 32

secondary meaning

Answer 32

a mental association by buyers that links a descriptive trademark with a single source of a product, allowing the trademark to become protectable

Question 33

show how

Answer 33

general information used to teach someone how to do something (generally not legally protectable)

Question 34

statutory bar

Answer 34

an inventor is denied patent protection when the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the patent application

Question 35

suggestive mark

Answer 35

a trademark that suggests something about a product without directly describing it

Question 36

tarnishment

Answer 36

dilution by tarnishment occurs when the reputation of a famous mark is harmed through association with another similar mark or trade name

tarnish is like smear

Question 37

trade dress

Answer 37

the overall look of a product or establishment (may be protected under trademark law)

Question 38

unitary patent (in EU)

Answer 38

A single patent that will give an applicant uniform patent protection in all participating member states

Question 39

useful article doctrine

Answer 39

A distinctly utilitarian object where the object and its mechanical form are not copyrightable, but any pictorial, graphical or sculptural elements that can be identified separately from the object can be protected.
E.g., a chair with a distinct design where the chair itself is not protected, but the design elements can be

Question 40

Utility patent

Answer 40

A patent that protects any novel, useful, and nonobvious process, machine, manufacture, or composition, or nonobvious improvement to the
aforementioned

Question 41

Vicarious copyright

liability

Answer 41

Imposing liability on a third party for a direct copyright infringer’s actions if the third party is in control of the infringer’s acts and directly financially benefits from the infringement

Question 42

Work made for hire

Answer 42

A copyrightable work created by an employee within the scope of their employment