Ch 12 - Intellectual Property

Question 1

Trademark

Answer 1

Distinctive mark, word, design, picture or arrangement used with a product that helps consumers identify the product with the producer
Nonfunctional design, shape, color, symbol or word that has come to identify the product with its producer

Question 2

Types of marks (4)

Answer 2

Service mark - used in conjunction with a service (AT&T)
Product trademark - affixed to a good, it’s packaging, or its labeling (Nike)
Collective mark - identifies the producers as belonging to a larger group (trade unions)
Certification mark - licensed by a group that has established certain criteria for use of the mark

Question 3

Trade dress

Answer 3

Overall image and appearance of a product

Question 4

3 elements of a claim of trade dress infringement

Answer 4

Trade dress is primarily nonfunctional
Trade dress inherently distinctive or has acquired a secondary meaning
Alleged infringement creates a likelihood of confusion

Question 5

Federal trademark dilution act of 1995

Answer 5

Prohibits use of distinctive/famous trademarks even without a showing of consumer confusion
Dilution requires that the mark be famous, but not showing of consumer confusion (opposites of trademark infringement)

Question 6

Copyright

Answer 6

Protects expression of creative ideas

Copyright will be granted when a work is set out in a tangible medium of expression, is original, and is creative

Question 7

Fair use doctrine

Answer 7

Provides that others may reproduce a portion of a copyrighted work for purposes of “criticism, comment, news reporting, teaching, scholarship, and research”

Question 8

4 factors when determining if fair use doctrine is a valid defense to claims of copyright infringement

Answer 8

1. Purpose and character of use, including whether such use is of a commercial nature or is for nonprofit educational purposes
2. Nature of copyrighted work
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. Effect of the use on the potential market for or value of the copyrighted work

Question 9

Patent

Answer 9

Protects a product, process, invention, machine, or plant produced by asexual reproduction

Question 10

4 criteria for patents

Answer 10

1. Must be patentable
2. Object of patent must be novel
3. Object must be useful (unless it is a design)
4. Object must be nonobvious

Question 11

Tying arrangement

Answer 11

Occurs when a patent holder issues a license to use the patented object only if the licensee agrees to buy some unpatented product from the holder
UNLAWFUL

Question 12

Cross-licensing

Answer 12

Two patent holders agree to only license their products to each other
UNLAWFUL

Question 13

Trade secret

Answer 13

Process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors

Question 14

3 things plaintiff must prove in trade secret suit

Answer 14

1. It actually existed
2. Defendant acquired it through unlawful means
3. Defendant used it without plaintiff’s permission

Question 15

Intellectual property

Answer 15

Fruits of someone’s mind