Chapter 14: Intellectual Property

Question 1

trademark

Answer 1

a commercial symbol that a manufacturer prints on its goods so they can be readily identified in the marketplace

Question 2

trademark revision act

Answer 2

1. Nationwide notice of the trademark owner’s claim
2. Legal presumption of registrant’s ownership of the mark in the event of a dispute
3. Fed court jurisdiction, if desired
4. forming the basis for obtaining registration in other nations
5. Filing the registration w US Customs Service to help prevent importation of foreign goods that infringe on trademark

Question 3

Lanham Act - common law

Answer 3

as long as the owner continues to use and protect the trademark, trademark’ exclusive use can be perpetual

Question 4

registration

Answer 4

• can be done online
• payment of fee, submission of a copy of the mark, called a specimen, a description of the goods, declaration that the mark does not conflict with other marks.
• an examiner will review the request to make sure the mark does not conflict, not descriptive, not claim too much coverage
• god for 10 years

Question 5

classifications of trademark

Answer 5

• arbitrary and fanciful
• suggestive
• descriptive
• generic( no longer trademark)

Question 6

arbitrary and fanciful

Answer 6

• most favored by court
• inherentlly distinctive (fanciful) like mad up name
• arbitrary: name not related to product

Question 7

suggestive

Answer 7

• marks hint at the product

Question 8

descriptive

Answer 8

• not favored by law

- must be shown to have acquired customer recognition to be allowed protection

Question 9

generic

Answer 9

• common words

- do not refer to products from a specific producer

Question 10

infringement

Answer 10

• a seller causes confusion abt the origins of a product by improper use of a trademark
• Lanham Act allows suit for infringement

Question 11

dilution

Answer 11

use name for different line of product but cause consumers to think that original company has gotten into other product lines

Question 12

cybersquatting

Answer 12

occurs when trademark is used improperly in a domain name

Question 13

defenses for trademark fraud

Answer 13

• fair use, such as to mention a mark in comparative advertising
• non-commercial use
• news reporting or educational use

Question 14

counterfeiting

Answer 14

• the copying or imitating of mark w/o authority to do so

- usually means passing off goods as if they were original

Question 15

private enforcement

Answer 15

• Lanham Act allows private parties to obtain search-and-seize orders to grab counterfeit goods.

Question 16

trade dress

Answer 16

concern the look and feel of products and service establishments. This includes size, shape, color, texture, graphics, and even certain sales techniques of products

Question 17

service marks

Answer 17

apply to services such as advertising, insurance, hotels, restaurants, and entertainment

Question 18

certification mark

Answer 18

any word, symbol, device, or combination of these that is used, intended to be used, in commerce to certify regional or other geographical origin

Question 19

collective mark

Answer 19

indicates membership in a union, association or org

Question 20

trade name

Answer 20

name of company or business

- cant register under Lanham act but protected by common law.

Question 21

goodwill

Answer 21

reputation of a firm that gives value to trademarks and other form o intellectual property.

Question 22

copyrights

Answer 22

rights of literary property as recognized by law

• terms of the life of author plus 70 years
• works for hire as material written by employees of company, copyright is 95 years from the date of publication

Question 23

The copyright act

Answer 23

1. right to reproduce the work
2. right to publish or distribute work
3. right to display work in public
4. right to perform work in public
5. right to prepare derivative works based on original work

Question 24

moral right

Answer 24

the right of author to have proper attribution of authorship and to prevent unauthorized changes in or destruction of an artist’s work

Question 25

copyright registration

Answer 25

fill out an online registration form from the copyright office, send 2 copies of the copyrighted work, pay $35
- no checking

Question 26

fair use

Answer 26

for purposes such as criticism, comment, news reporting, teaching, schorlaship, research.

Question 27

elements of fair use

Answer 27

1. purpose and character of copying
2. nature of copyrighted work
3. extent of copying
4. effect of the copying on the market for the work

Question 28

patent

Answer 28

the right to exclude others from making, using, offering for sale or selling the invention for 20 years after the inventor files a patent application.

• originality and novelty
• 18 months after patent application is made, it is made public. -> use trade secrets

Question 29

invention cannot be patented if

Answer 29

1. invention was known or used by others before
2. invention was patented or described in a printed publication more than 1 year prior to the application for patent in US

Question 30

trade secret

Answer 30

consist of formula, pattern, device, compilation or information which is used in one’s business

1. not known by competition
2. business would lose its advantage if competition were to obtain it
3. the owner has taken reasonable steps to protect the secret from disclosure