Ch.8 Intellectual Property Rights

Question 1

Intellectual property

Answer 1

Property resulting from intellectual,
creative processes.

Question 2

examples of intellectual property

Answer 2

patents, trademarks, copyrights, trade secrets

Question 3

A ____ is a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known.

Answer 3

Trademark

Question 4

In 1995, Congress amended the Lanham Act by passing the Federal Trademark Dilution Act, which allowed trademark owners to bring suits in federal court for trademark dilution. T or F

Answer 4

True

Question 5

The following is a doctrine under which distinctive or famous trademarks, are protected from certain unauthorized uses regardless of a showing of competition or a likelihood of confusion..

Answer 5

Dilution

Question 6

A ____ is a government grant that gives an inventor the exclusive right or privilege to make, use or sell his or her invention for a limited time period.

Answer 6

Patent

Question 7

Almost anything is patentable, except:

Answer 7

The laws of nature, natural phenomena, and abstract ideas

Question 8

The fair use of a copyrighted work is not an infringement of copyright for the following purposes:

Answer 8

Criticism and comment, news reporting, teaching, scholarship, research

Question 9

A ___ provides the exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time.

Answer 9

Copyright

Question 10

If a patent is infringed, the patent holder may not sue for relief in federal court. T or F

Answer 10

False, the patent holder MAY sue

Question 11

Protection of trade secrets extends to both ideas and their expression. T or F

Answer 11

True

Question 12

Trade secrets must be registered for protection.

Answer 12

False

Question 13

A trademark owner that successfully proves infringement can recover:

Answer 13

actual damages, the profits that the infringer wrongfully received, and attorney’s fees

Question 14

Strong distinctive marks can be…

Answer 14

fanciful (invented words), arbitrary (common words used uncommon way), and suggestive (nature of the product) EX of each: Google, Apple, and Dairy Queen)

Question 15

The most commonly granted remedy for trademark infringement is an ____ to prevent further infringement.

Answer 15

injunction

Question 16

A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others is called a

Answer 16

Service mark

Question 17

A mark used by members of a cooperative, association, or
other organization to certify the region, materials, mode of manufacture, quality, or accuracy of the specific goods or services is called a

Answer 17

Collective mark

Question 18

A mark used by one or more persons, other than the
owner, to certify the region, materials, mode of manufacture, quality, or accuracy
of the owner’s goods or services is called a

Answer 18

Certificate mark

Question 19

The party that owns the intellectual property rights and issues the license is the..

Answer 19

Licensor

Question 20

The party obtaining the license is the

Answer 20

Licensee

Question 21

The ____ an application for a patent on a product or process will receive patent protection.

Answer 21

first person to file

Question 22

The ___ governs copyrights

Answer 22

Copyright Act of 1976

Question 23

Under the ___ , the owner of a particular item that is copyrighted can, without the authority of the copyright owner, sell or otherwise dispose of it.

Answer 23

first sale doctrine

Question 24

Information or a process that gives a business an advantage over competitors who do not know the information or process is known as a

Answer 24

trade secret (ex; customer lists, research, pricing info, plans and etc.)