Chapter 8 Intellectual Property Rights

Question 1

Actual damages + profits of infringer

Answer 1

Copyright

Question 2

1) injunction
2) actual damages plus profits of infringer
3) destruction of infringing articles
4) costs and attorney fees

Answer 2

Trademark (service mark, trade dress)

Registration with state/fed gives notice

Question 3

Monatary damages for misappropriated

UTSA also permits pundit art damages if willful plus cost and attorney fees

Answer 3

Trade secret

Question 4

First person to file gets protection

Answer 4

Patent

Must be novel, useful, and not obvious in light of current technology

Question 5

Mark motto device, stamped printed affixed so origin may be known

Answer 5

Trade mark

Question 6

Essentially a trade mark but used to identify a service rather than a good

Answer 6

Service Mark

Question 7

Sugests quality, origin, mode of transportation, materials, characteristics

Answer 7

Cerification Mark

Question 8

Image overall appearance ( subject to same prosecution as TM

Answer 8

Trade dress

Question 9

All or part of a business name

May be protected as a trademark of it is the same as trademark

Answer 9

Trade name

Question 10

To protect businesses from losing business to rival companies using confusingly similar TMs

Answer 10

Lanham act

Provides remedies for those who wish to enforce their claim in federal court.

Amended to protect from TM dilution

Question 11

tDRA

Answer 11

Trademark dilution revision act

Question 12

For plaintiff to state a claim under TDRA ( trademark dilution revision act)
4 things

Answer 12

&paintiff owns famous Mark (distinctive
& Deff. Has began using * Mark in commerce
& similarity gives rise to association
& association is likely to impair distinctiveness or harm rep. Of famous Mark

Question 13

SCMGA

Answer 13

Stop counterfeiting in manufactured goods act

Question 14

sCMGA stop counterfeiting in maid actuated goods act

Makes it a crime to

Answer 14

Traffic/ attempt to traffic counterfeit goods

Knowingly use counterfeit Mark in connections with goods + services

Question 15

If U.S. citizen or citizen of another country publishes material in a member nation of —- every country that has signed must recognize authors copyright

Answer 15

Berne convention

Question 16

Sets standards for INTERNATIONAL protection of intellectual property rights

Each member of WTO must provide its domestic laws w/ broad intellectual property rights

+effective remedies including civil and criminal ( forbids discrimination against foreign owners)

Answer 16

The TRIPS agreement

Question 17

International treaty signed by 86 countries

Makes it easier to register a TM abroad

Owner designates in which countries it would like to register its TM

Answer 17

The Madrid protocol

Question 18

ACTA

Answer 18

ANTI Counterfeiting trade agreement

International treaty to combat counterfeiting and piracy on Internet

Question 19

Whenever a trademark is copied by another to a substantial degree or in its entirety

Answer 19

Trademark infringement

Question 20

The most portent statutory protection for trademarks is the

Answer 20

Lanham act

Question 21

Can a color scheme qualify for trademark protection

Answer 21

Yes

Question 22

A Mark used by a cooperative association of other organization to verify the region, quality or accuracy of spefic goods or services

Answer 22

Collective Mark

Question 23

A Mark used in the sale of services to distinguish the services of one person from the services of others

Answer 23

Service Mark

Question 24

Patents generally last for

Answer 24

20 years

Question 25

Unless a trade name is used as a trademark or service Mark it cannot be registered with the federal government

Answer 25

True

Question 26

The first person to file a patent application receives protection under the....

Answer 26

America Invents Act

Question 27

To be patentable an invention must be

Answer 27

Novel, useful, and not obvious

Question 28

Patent infringement is a crime T or F

Answer 28

False

Question 29

When determining fair use The effect of the material on the potential market is often the most important factor for the courts consideration

Answer 29

True

Question 30

In 1980 congress passed ..... Which amended the copyright act to include computer programs

Answer 30

Computer software copyright act CSCA

Question 31

Most state laws with respect to protection of information or a commercial value are based on the

Answer 31

Uniform trade secrets act

Question 32

The ---- allows a U.S. company to register its trademark abroad by submitting one application and designating in which countries the TM shall be registered

Answer 32

Madrid protocol

Question 33

Under the ----- when a U.S. Citizen writes a book every signatory to that, recognizes the authors copyright

Answer 33

Berne convention

Question 34

Established standards for international protection or patents, trademarks and copyrights

Answer 34

Trips agreement

Question 35

2011 a number of nations signed the------- to combat piracy and global counterfeiting

Answer 35

Amit-counterfeiting trade agreement

Question 36

Monetary damages, royalties, lost profit , attorneys fees Treble damages for intentional infringement

Answer 36

Patent

Question 37

Copyright law protects niether concepts nor processes

Answer 37

True

Question 38

What avenue is there for registering a trade name internationally

Answer 38

The Madrid protocol

Question 39

In general copyright owners are not protected against use of their works

Answer 39

True

Question 40

State and federal gov provide for the registration of trademarks T or F

Answer 40

True

Question 41

An applicant cannot register a trademark on the basis of intent to use the Mark in commerce T or F

Answer 41

False

Question 42

Trade dress is subject to the same legal protection as trademarks

Answer 42

True