Chapter 8

Question 1

Lanham Act

Answer 1

Protects trademarks on the federal level

Question 2

Trademark

Answer 2

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.

Question 3

Requirements to register a trademark,

Answer 3

1) Use

2) or intent to use in the next six months

Question 4

Trade dress

Answer 4

The image or appearance of a product, it has the same protection as a trademark.

Question 5

Cybersquating

Answer 5

The practice of registering a domain name of someone famous before they can and then selling it to them for a ridiculous price.

Question 6

Patent

Answer 6

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.

Question 7

What is patentable

Answer 7

An invention, discovery, or design that is genuine, novel, useful, and not obvious in light of the technology of the time.

Question 8

Copyright

Answer 8

An intangible right granted by the statute to the author or originator of certain literary or artistic productions.

Question 9

How long does copyright protection last?

Answer 9

protection lasts for the life of the author plus 70 years.

Question 10

What is protected expression?

Answer 10

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

Question 11

Trade Secret

Answer 11

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.

Question 12

Berne Convention

Answer 12

An international copyright treaty

Question 13

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.

Answer 13

True

Question 14

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.

Answer 14

False

Question 15

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.

Answer 15

True

Question 16

TRUE/FALSE

A personal name is protected under trademark law if it acquires a secondary meaning.

Answer 16

True

Question 17

TRUE/FALSE

A formula for a chemical compound is not a trade secret.

Answer 17

False

Question 18

TRUE/FALSE

A trade name, like a trademark, can be registered with the federal government

Answer 18

False

Question 19

TRUE/FALSE

A copy must be exactly the same as an original work to infringe on copyright.

Answer 19

False

Question 20

TRUE/FALSE

Only the international use of another’s trademark can be trademark infringement.

Answer 20

False

Question 21

TRUE/FALSE

Using another’s trademark in a domain name without permission violates federal law.

Answer 21

True

Question 22

TRUE/FALSE

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

Answer 22

False

Question 23

The graphics used in “Grave Robbers”, a computer game, are protected by ____.

Answer 23

Copyright Law

Question 24

Omega inc., uses a trademark on its products that no one, including Omega, has registered with the government. Under federal trademark law, Omega ____.

Answer 24

Can register the mark for protection.

Question 25

Federica invents a new type of light bulb and applies for a patent. If Federica is granted a patent the invention will be protected ______.

Answer 25

For 20 years.

Question 26

Johnnycakes inc., uses Pattycake corporation’s patented formula in Jonneycake’s recipe for a similar product, without Pattycake’s permission. This is _____.

Answer 26

Patent infringement.

Question 27

Production techniques used to make “Grave Robbers,” a computer game, are protected by ____.

Answer 27

Trade secret law.

Question 28

Tech Corporation uses USA, Inc.’s trademark in Tech’s ads without USA’s permission. This is ____.

Answer 28

Trademark infringement

Question 29

Clothes made by workers who are members of the Clothes Makers Union are sold with tags that identify this fact. This is ____.

Answer 29

A collective mark.

Question 30

Tony owns Tonio’s, a pub in the small town of Iowa. Universal Dining, Inc., opens a chain of pizza places in California called “Tonio’s and, without Tony’s consent, uses “toniosincalifornia” as a part of the URL for the chain’s web site. This is ____.

Answer 30

None of the choices

Question 31

Data Corporation created and sells Economix, financial computer software. Data’s copyright in Economix is best protected under ______.

Answer 31

the TRIPS agreement

Question 32

National Media, Inc, (NMI), publishes opinion magazine, which contains an article by Paula. With-out her permission, NMI puts the article into an online database. This is _____.

Answer 32

copyright infringement