Ch 8 Intellectual Property Rights

Question 1

Trademark

Answer 1

Distinctive mark, motto, device, emblem, etc that distinguishes company

Question 2

Lanham trademark act

Answer 2

Protects manufactures from losing business to rival companies that use similar trademarks

Question 3

Trademark dilution

Answer 3

Amends Lanham act; creates federal cause of action even when unlikely to confuse consumers

Question 4

Most common remedy for trademark infringement

Answer 4

Injunction

Question 5

Service Mark

Answer 5

Similar to trademark but used to distinguish services of ones person from another

Question 6

Certification mark

Answer 6

Used by one or more other than owner to certify region, materials, quality of accuracy of good

Question 7

Collective mark

Answer 7

Used by organization or association

Question 8

Trade dress

Answer 8

Image and overall appearance of product

Question 9

Act that criminalizes trafficking of counterfeit goods

Answer 9

Stop counterfeiting I’m manufactured goods act

Question 10

Patent

Answer 10

Grant from gov’t giving inventor exclusive right to make use or sell invention

Question 11

Treble damages

Answer 11

Court can triple the amount of damages awarded if it determines infringement was willful

Question 12

Copyright

Answer 12

Intangible property right granted to author of literary or artistic production

Question 13

First sale doctrine

Answer 13

No infringement when person who owns copyrighted work resells it

Question 14

Berne convention

Answer 14

Every country who signed recognizes authors copyrights in other signatory nations

Question 15

Madrid protocol

Answer 15

Allows US company to register trademark abroad with one application

Question 16

Anti-counterfeiting trade agreement

Answer 16

Increases international cooperation
Facilitated best law enforcement practices
Provides legal framework to combat counterfeiting and distribution