Chapter 8: Intellectual Property Rights

Question 1

Intellectual Property

Answer 1

property formed from intellectual, creative processes.

“product of one’s mind.”

Question 2

Trademark

Answer 2

word, symbol, sound used to…

1) identify manufacturer of a product
2) distinguish the product from all other products.

Question 3

Lanham Act of 1946

Answer 3

protected manufactures from losing business to rival companies with similar (hard-to-distinguish) trademarks.

(Prime Hydrate v. Slime Hydrate)

Question 4

Trademark Dilution

Answer 4

unauthorized usage of a famous/distinct ‘mark’ that…
1) impairs the mark’s distinctiveness
2) harm’s mark’s reputation.

Question 5

4 Criterion for Trademark Dilution

Answer 5

1) Plaintiff owns distinctive mark.

2) Defendant’s usage of their own mark IN COMMERCE diluted the famous mark.

3) Similarities between defendant’s mark and famous mark create ‘Association Between the Marks’

4) Defendant’s mark impairs distinctiveness of famous mark OR harms reputation of famous mark.

Question 6

A mark need not be ______________ to constitute _____________ ___________. The mark used by the defendant could be ___________, and still detract ___________ from the ____________ mark.

Answer 6

identical; trademark dilution; similar; value; famous

Question 7

Usually, ______________ marks cause _____________ marks to lose value (more so than the unauthorized usage of an ___________ mark), especially when the products sold under the ____________ mark are in the same ____________ as those sold under the ______________ mark.

Answer 7

similar; famous; identical; similar; market; famous

Question 8

®

Answer 8

(Registrant’s) indication that a trademark has been registered.

Question 9

Infringment of Trademark

Answer 9

when “another” uses part or the entirety of someone’s trademark intentionally or unintentionally.

Question 10

Legal remedies for ______________ on one’s trademark include recovering _____________ damages, ___________ the ___________ gained from the good or service under the trademark, ____________ of any product bearing unauthorized trademark (name, logo etc…), and recovery of ___________’s fees.

Answer 10

infringement; actual; profits; infringer; destruction; attorney’s

Question 11

Strong Mark

Answer 11

Recieve automatic protection (under Lanham Act) because they identify the product’s source instead of the product itself.

Question 12

Two Types of Strong Marks

Answer 12

Fanciful & Arbitrary Marks

Question 13

Fanciful Trademark

Answer 13

oftentimes includes made-up words

(i.e. Google, Xerox)

Question 14

Arbitrary Trademark

Answer 14

words / phrases with no commonly understood connection to product.

(i.e. “Dawn” [for soap], “Dutch Boy” [for paint], “PINK” [for clothing line])

Question 15

Suggestive Trademark

Answer 15

Says something about product’s nature w/o describing it directly.

(i.e. “Dairy Queen” entails something about dairy and their product without directly stating it’s ice-cream.)

Question 16

Descriptive Terms

Answer 16

• Geographic terms, and personal names
• Don’t recieve protection (under Lanham Act) until it has a secondary meaning.

Question 17

Generic Terms

Answer 17

• Refer to a class of things (i.e. Bread, Cereal, computer etc..)
• Don’t recieve protection (under Lanham Act)

(i.e. Whole Wheat Bread, Corn Flakes).

Question 18

Service Marks

Answer 18

Trademarks that distinguish between services (instead of products) of a person / company from another.

(logos for airlines, Spirits v. Southwest v. United Arab Emirates)

Question 19

Certification Mark

Answer 19

Trademark used by one or more persons, to certify regions, tools, processes of manufacturing, quality of goods or services.

(e.g. Sanitation codes for resturants / labs)

Question 20

Collective Mark

Answer 20

Certification Trademark used by cooperatives, associates, and other organizations to certify region, tools, processes of manufacturing, or quality of goods or services.

Question 21

Trade Dress

Answer 21

image / overall appearance of a product.

Question 22

Counterfeit good

Answer 22

copies / imitates trademarked goods, but are not genuine.

Question 23

Stop Counterfeiting in Manufactured Goods Act (SCMGA)

Answer 23

Combated counterfeited goods.

Criminalized intentionally, or attempting to, traffic in counterfeit goods or services.

prohibits usage of counterfeited mark on or in connection to goods and services.

Question 24

4 Penalties for Counterfieting Goods

Answer 24

1) $2 Million Fine

2) 10 yr. imprisonment (more for repeat offenders)

3) Destruction of counterfeit goods & anything holding counterfeit mark.

4) Paying restitution to trademark holder (victim) the amount they lost (due to counterfeit mark causing them to lose business).

Question 25

The U.S. does not have the right to sue ________________ countries for ________________ goods or products, but they can shut down _______________ with certain domain names that keep ______________ goods from entering the country.

Answer 25

foreign; counterfeited; websites; counterfeited

Question 26

Trademarks apply to __________________,whereas ____________ __________ apply to the ________________ itself.

Answer 26

products; trade names; business

Question 27

Trade Name

Answer 27

• Name of the business used to identify itself and the brand.
• Related to the business’s reputation and goodwill.

Question 28

Trade Names are protected by trademark law only if…

Answer 28

the trade name is the same as the trademarked product.

Question 29

License

Answer 29

Agreement permitted use of a…
- trademark,
copyright,
patent,
or trade secret

for certain limited purposes.

Question 30

Licensor

Answer 30

Person who owns intellectual property rigths and issues liscence.

Question 31

Licensee

Answer 31

Person given liscence by licensor

Question 32

Royalty

Answer 32

Payment from the licensee to the licensor for ongoing use of tradmarked product.

Question 33

Patent

Answer 33

grant from government giving inventor of a product the exclusive right to make, sell, and use that invention for limited time (20 yrs.).

Question 34

To be patentable, an invention must be ___________, _____________, and _______ _____________ in light of current technology.

Answer 34

novel; useful; not obvious

Question 35

Patent Infringement

Answer 35

Making, using, selling patent design without permission.

Question 36

Patent infringement can occur even if the __________ itself is not yet in ______________. Also, the ________________ of an invention doesn’t have to be entirely ________________ to the patented product to qualify as patent infringement.

Answer 36

patent; commerce; design; identical

Question 37

Remedies for Patent Infrigement:

1) ______________ against infringer (directing __________ of infringer).

2) requests damages for ______________ and ___________ _________.

3) reinbursement of __________________’s __________.

4) _____________ the amount of damages on the ______________ if the patent infringement was ____________ (known as ____________ damages).

Answer 37

1) injunction; conduct
2) royalties; lost profits
3) attorney’s fees
4) Tripling; infringer; willful; treble

Question 38

Copyright

Answer 38

Intangible Property Rights given to author of literary / artistic productions.

Question 39

Protection under _____________ law is ________________ (via the Copyright Act). A person need not _______________ their artistic work w/ the federal government. Chances are if somebody ____________ the work, they __________ it.

Answer 39

copyright; automatic; register; created; own

Question 40

Copyright owners are protected against…

Answer 40

1) Reproduction of work.
2) Creation of derivative work.
3) Distribution of work.
4) Public Display of work.

Question 41

_______ and _________-___________ __________ cannot be copyrighted.

Answer 41

ideas; widely-known facts

Question 42

Copyright Infringement

Answer 42

Form or expression of an idea is copied.

Question 43

The substantial reproduction of copyrighted work only needs to reproduce __________ of work to qualify as _______________ ________________.

Answer 43

part; copyright infringement

Question 44

Trade Secrets

Answer 44

Information about business ideas and procedures that make a company unique, and would be of value to competitors.

Question 45

Trade Secrets is information that cannot be protected by ________________, _________________, or ________________ law.

Answer 45

trademark; copyright; patent

Question 46

Berne Convention of 1886

Answer 46

1) If U.S. citizen publishes a book, all other countries apart of the convention must recognize the writer’s copyright in book.

2) If citizen of an unsigned country publishes book in a signed country, all signed-member country’s must recognize writer’s copyright.

Question 47

Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement

Answer 47

Established international protection for intellectual property rights.

Created ways to adjudicate a foreign company for infringment of intellectual property.

Question 48

TRIPS agreement prohibits ______________ among member nations of itellectual property rights in _______________, _______________, and _____________ of those rights. This means, no nation can recieve ________________ treatment without treating all other nations with the same regard.