Chapter 8 Flashcards
(32 cards)
Lanham Act
Protects trademarks on the federal level
Trademark
a distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces to distinguish them from the goods of other manufactures.
Requirements to register a trademark,
1) Use
2) or intent to use in the next six months
Trade dress
The image or appearance of a product, it has the same protection as a trademark.
Cybersquating
The practice of registering a domain name of someone famous before they can and then selling it to them for a ridiculous price.
Patent
A grant from the federal government that that conveys and secures to an investor the exclusive right to make, use, and sell an invention for a period of 20 years.
What is patentable
An invention, discovery, or design that is genuine, novel, useful, and not obvious in light of the technology of the time.
Copyright
An intangible right granted by the statute to the author or originator of certain literary or artistic productions.
How long does copyright protection last?
protection lasts for the life of the author plus 70 years.
What is protected expression?
1) Literary work
2) Musical work
3) Dramatic work
4) Pantomime or choreographic work
5) Pictorial, graphic, or sculptural work
6) Film or other audiovisual work
7) A sound recording
Trade Secret
Customer lists, formulas, plans, research and development, pricing information, marketing techniques, production techniques, and generally anything that provides an opportunity to obtain an advantage over competitors who do not know or use it.
Berne Convention
An international copyright treaty
TRUE/FALSE
To obtain a patent, an applicant must show that an invention is genuine, novel, useful, and not obvious in light of current technology.
True
TRUE/FALSE
To obtain a copyright, an author must show that a work is genuine, novel, useful, and not a copy of a current copyrighted work.
False
TRUE/FALSE
In determining whether the use of a copyrighted work is infringement under that fair use doctrine, one factor is the effect of that use on the market for the work.
True
TRUE/FALSE
A personal name is protected under trademark law if it acquires a secondary meaning.
True
TRUE/FALSE
A formula for a chemical compound is not a trade secret.
False
TRUE/FALSE
A trade name, like a trademark, can be registered with the federal government
False
TRUE/FALSE
A copy must be exactly the same as an original work to infringe on copyright.
False
TRUE/FALSE
Only the international use of another’s trademark can be trademark infringement.
False
TRUE/FALSE
Using another’s trademark in a domain name without permission violates federal law.
True
TRUE/FALSE
Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.
False
The graphics used in “Grave Robbers”, a computer game, are protected by ____.
Copyright Law
Omega inc., uses a trademark on its products that no one, including Omega, has registered with the government. Under federal trademark law, Omega ____.
Can register the mark for protection.