Intellectual Property Rights (Chapter 8)

Question 1

Any creation of the mind that is expressed in a fixed medium

Answer 1

Intellectual Property

Question 2

A distinctive mark that a manufacturer affixes to the goods it produces so that they can be identified on the market

Answer 2

Trademark

Question 3

Statutory protection of trademarks

Answer 3

Lanham Act of 1946

Question 4

Protect distinctive trademarks from certain unauthorized uses even when the use is on noncompeting goods or is unlikely to confuse

Answer 4

Dilution Laws

Question 5

1. Can be registered with US Patent and Trademark Office
2. Provides nationwide protection for mark that is in use or will be within 6 months
3. 6 month period can be extended to 3 years, registration renewable between 5th and 6th year

Answer 5

Trademark Registration

Question 6

When a trademark has been used without authorization

Answer 6

Infringement of a trademark

Question 7

A trademark used to distinguish services

Answer 7

Service Mark

Question 8

Overall appearance and image of product

Answer 8

Trade Dress

Question 9

Trademark applied to a business’s name

Answer 9

Trade name

Question 10

cyberspace trademarks

Answer 10

Cyber Marks

Question 11

the act of registering a domain name that is the same as or similar too the trademark of another then offering to sell to original trademark owner

Answer 11

Cyber-Squatting

Question 12

1. Established standards for international protection of intellectual property rights
2. Includes patents, trademarks, and copyrights

Answer 12

TRIPS Agreement

Question 13

If a u.s. citizen writes a book, every country that has signed the convention must recognize the u.s. author’s copyright in the book

Answer 13

Berne Convention

Question 14

1. Information of commercial use
2. Ideas and expressions
3. No registration required
4. Marketing methods, production techniques

Answer 14

Trade Secret

Question 15

1. The purpose (commercial v. education non profit usage)
2. The nature of the work
3. The amount of the portion used compared to the whole work
4. The effect of the use upon the potential market for value of the copyrighted work

Answer 15

Fair Use Doctrine

Question 16

A court decree ordering a person to do or refrain from doing a certain act or activity

Answer 16

Injunction

Question 17

1. It is not possible to copyright an idea
2. No idea, procedure, process, system, method, concept, principle, or discovery
3. What is copyrightable is the particular way in which an idea is expressed

Answer 17

Copyright Exclusion

Question 18

May occur even though not all features or parts of a product are copied

Answer 18

Patent Infringement

Question 19

Valid only if it is tied to a particular machine or apparatus or transforms a particular article into a different state

Answer 19

Patents for Business Processes

Question 20

1. An intangible property right granted by fed, to the author or originator of a literary or artistic production of a specified type
2. Automatically given for the life of the author plus 70 years

Answer 20

Copyright

Question 21

1. A license issued to an inventor granting the exclusive right to manufacture, use, or sell their invention for a limited period of time
2. No one can make it besides inventor for 20 years after filing
3. Patents for designs 14 years.
4. First person to file get it

Answer 21

Patent

Question 22

1. Giving others permission
2. Agreement that permits use of trademark, copyright
3. Owner is licensor, user is licensee
4. Terms of use are delineated in the license agreement

Answer 22

Licensing of Trademarks

Question 23

Registering a web domain name that is a misspelling of a popular brand

Answer 23

Typo-Squatting

Question 24

Descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law until they acquire it

May arise when customers begin to associate a specific term or phrase (such as London Fog) with specific trademarked items (coats with “London Fog” labels) made by a particular company

Answer 24

Secondary Meaning

Question 25

Terms that refer to an entire class of products, such as bicycle and computer, receive no protection, even if they acquire secondary meanings.
A trademark, however, can acquire generic use. (for example, aspirin and thermos)

Answer 25

Generic terms

Question 26

Patent ofr Inventions

Answer 26

20 Years

Question 27

Patent for designs

Answer 27

14 years

Question 28

How is something Patentable?

Answer 28

The applicant must prove that the invention, discovery, process, or design is
1. Novel
2. Useful
3. Not obvious (in light of current technology)

Question 29

What is the SCGMA

Answer 29

Stop Counterfeiting in Manufactured Goods Act was enacted to combat counterfeit goods. The act makes it a crime to traffic intentionally in or attempt to traffic in counterfeit goods or services, or to knowingly use a counterfeit mark on or in connection with goods or services

Question 30

What is a Trade Dress?

Answer 30

Refers to the image and overall appearance of a product. Trade dress is a broad concept and can include either all or part of the total image or overall impression created by a product or its packaging.