Chapter Eight

Question 1

intellectual property

Answer 1

property resulted from the intellectual creative process

Question 2

trademark

Answer 2

a distinctive mark, motto, etc. a manufacturer stamps, prints or affixes to the good it produces

Question 3

dilution

Answer 3

a doctrine where a trademark is protected from certain unauthorized use regardless of competition or the likelihood of confusion

Question 4

Trademark Dilution Revision Act

Answer 4

plaintiff must prove
1. owns a famous trademark
2. defendant began using marks in dilution
3. similarity gives reason for association
4. dilution can impair the distinctiveness of the famous mark

Question 5

infringement

Answer 5

when a trademark is copied or used

covers:
1. damages
2. profits infringer received

Question 6

penalties for counterfeit goods

Answer 6

1. fine up to 2 million or imprisonment for up to 10 years
2. must forfeit products
3. must forfeit property used in commission of crime
4. must pay restitution to trademark holder

Question 7

tradename

Answer 7

term used to indicate part or all of a name related to reputation or goodwill

Question 8

license

Answer 8

contract pertaining to trademark, copyright, etc.

Question 9

patent

Answer 9

government grants an inventor exclusive right or privilege to make, use, and sell invention

Question 10

copyright

Answer 10

exclusive right to publish, print or sell an intellectual production

Question 11

fair use exception of copyright

Answer 11

news reporting
criticism or commenting
teaching
scholarship
research

Question 12

trade secret

Answer 12

information or process that gives a business an advantage over competitors who do not know the information or process