FINAL EXAM 4 SG

Question 1

What are the 3 major branches of IP?

Answer 1

Trademark, copyright, and patent

Question 2

distinctive word, symbol or design that identities the manufacturer as the source of particular goods and distinguishes their product/ services from others

Answer 2

trademark

Question 3

Right of an author to have exclusive use of that work for given period of time

Answer 3

copyright

Question 4

grant from the government that gives an inventor exclusive rights for that work for a given period of time

Answer 4

patent

Question 5

what are the importance of trademark, copyright, and patent, how does the source affect the way the given area of IP operates

Answer 5

it influences the way things are dealt with because violations are punishable by LAW Statutory protection of IP started in the 40s and evolve to meet the needs of modern society

Question 6

what is the duration of each branch of Intellectual property

Answer 6

patent- 20 years from date filed
copyright- length of authors light + 70 years
trademark- lasts as long as its in use

Question 7

how does the trademark registration work

Answer 7

the process is 1. the app is filed, 2. Patrent and trade office examines, 3. if approved, its published and theres 30 days for opposition to be allowed 4. statement of use must be filed within 6 months

Question 8

do you have to use your mark right away?

Answer 8

it must be: 1. currently in commerce 2. applicant intends to put into commerce within 6 months
purpose is so that people dont reserve TM they arent going to use

Question 9

what are some advantages of TM registration?

Answer 9

constructive use date going back to application. Registration represents: validity/ ownership of mark
able to sue and collect damages

Question 10

bc of how its used and where its used people might buy it will prob see it as a label that shows who made service or product

Answer 10

inherent distinctiveness

Question 11

not inherently distinctive, purchases have come to perceive it as a designation that identfies specific goods or services

Answer 11

acquired distinctivness

Question 12

what is the spectrum of TM

Answer 12

Arbitrary, fanciful, suggestive, descriptive, and generic

Question 13

real word that has nothing to do with the product like apple

Answer 13

arbitrary

Question 14

made up word like google

Answer 14

fanciful

Question 15

association without describing the product directly, customer must use imagination to figure out the products like dairy queen

Answer 15

suggestive

Question 16

mark evolves from what the brand represents to who the brand represents like nike

Answer 16

descriptive

Question 17

mark describes qualities or characteristics and recives no legal protection

Answer 17

generic

Question 18

TM has been used without authorization. owner of the TM must show that the defendants goods or services

Answer 18

infringement

Question 19

distinctive or famous TMs are protected from unauthorized uses of the marks, regardless of a showing of competition or likelihood of confusion

Answer 19

dilution

Question 20

what is the difference between infringement and dilution

Answer 20

dilution there is no need to prove a likelihood of confusion to protect a mark. The only requirement for dilution is that the use of a famous mark by a third party causes the dilution of the distinctive quality of the mark

Question 21

uses to distinguish services like a regular TM

Answer 21

service marks

Question 22

signifies a union, cooperative, association is behind the good or service (CPA)

Answer 22

Collective marks

Question 23

certifies quality

Answer 23

certification marks

Question 24

image and overall appearance of a product

Answer 24

trade dress

Question 25

what can be patened? what is the standard for obtaining a patent?

Answer 25

anything considered useful, novel, non-obvious

Question 26

theories concepts or laws of nature can or cannot be patented?

Answer 26

cannot

Question 27

when a trademark has been used without authorization, the owner of TM must show that the defendants use caused intentional confusion

Answer 27

infringement

Question 28

what are the remedies for infringement

Answer 28

injunction- ocvers actual damages + any profits the infringer recieved

Question 29

who can obtain copyright

Answer 29

author of certain literary or artistic production

Question 30

how long do protections last

Answer 30

for artists its 70+ years, companies its 95 years from date of publication or 120 years form the date of creation

Question 31

to be protected, work must be in a fixable medium from which it could be perceived, communicated and it protected by the 1976 copyright act

Answer 31

how are copyrights protected

Question 32

what are the types of penalities for copyright infringement

Answer 32

actual or statutory damages based on harm caused by infringment and criminal penalities

Question 33

exception to liability for copyright infringement

Answer 33

fair use

Question 34

what are the factors to fair use

Answer 34

purpose and character of use, nature of copyrighted work, amount of work used compared to full work, effect of the use on potential market for value

Question 35

once a copyright owner sells or gives away a particular copy of work, the owner no longer has control to the distribution of that copy

Answer 35

first sale doctrine, ex: you buy hunger games and then sell it

Question 36

amended to include software and computer programs in the list for copyrighted works

Answer 36

computer software copyright act

Question 37

what effect did digitization have on copyright

Answer 37

digitization made it 10x easier to copyright

Question 38

ensures that copyrighted digital materials are not given away for free on the internet

Answer 38

digital millennium copyright act

Question 39

Limited liabilities of internet service providers (ISP) to only be held liable if they are

Answer 39

aware of the subscribers violation and fail to take action to shut them down

Question 40

formula, device, idea, process, used in a business that gives them a competitive advantage

Answer 40

trade secret, this protection extends to ideas and expression