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Management 311 > MGMT 311 Exam 2 - FLASHCARDS - Chapter 8 > Flashcards

MGMT 311 Exam 2 - FLASHCARDS - Chapter 8

1
Q

What is intellectual property?

A

Intellectual Property is the work of the human mind which consists of the products that result from intellectual and creative processes.

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2
Q

What are types of intellectual property?

A
  1. Trademarks
    1. Patents
  2. Copyrights
  3. Trade Secrets
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3
Q

Can intellectual property be stolen?

A

yes

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4
Q

What is a licensing agreement?

A

to avoid a lawsuit for infringement on an intellectual property a user of another’s property can enter into a contract to receive rights to use the property and in exchange pay a royalty

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5
Q

What is a license?

A

an agreement, or contract, permitting the use of a trademark, copyright, patent, or trade secret for certain purposes.

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6
Q

What rights does a license pay for?

A

A license grants only the rights expressly described in the license agreement.

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7
Q

What is a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known?

A

Trademark

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8
Q

How is a trademark a source indicator?

A

If you show me the logo, I will emeddiately know the name

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9
Q

What was the trademark dilution revision act?

A

You shouldn’t just be able to protect it against in rivals in the industry. If you have a famous mark

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10
Q

What are examples of famous trademarks?

A

Nike, Apple,

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11
Q

What does R mean on a trademark?

A

means the mark has a federal registration - registered with the US patent and trademark office

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12
Q

What does TM mean on a trademark?

A

means the mark is NOT federally registered and is instead registered in the state level

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13
Q

What is trademark dilution?

A

doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses regardless of a showing of competition or a likelihood of confusion.

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14
Q

to state a claim for trademark dilution, a plaintiff must prove what?

A

The plaintiff owns a famous mark that is distinctive.

The defendant has begun using a mark in commerce that allegedly is diluting the famous mark.

The similarity between the defendant’s mark and the famous mark gives rise to an association between the marks.

The association is likely to impair the distinctiveness of the famous mark or harm its reputation.

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15
Q

Do trademarks need to be identical?

A

No

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16
Q

What is trademark infringement?

A

Whenever a trademark is copied to a substantial degree or used in its entirety by another, intentionally or unintentionally, the trademark has been infringed

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17
Q

Why should a trademark be distinct?

A

a trademark must be sufficiently distinct to enable consumers to identify the manufacturer of the goods easily and to distinguish between those goods and competing products

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18
Q

What type of trademarks are strong marks?

A

fanciful, arbitrary, suggestive

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19
Q

What are fanciful or arbitrary trademarks?

A

These marks receive automatic protection because they serve to identify a particular product’s source, as opposed to describing the product itself.

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20
Q

What type of trademarks imply something about a product without directly describing the product? Dairy queen and quickan are examples

A

Suggestive trademarks

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21
Q

What type of trademarks include invented words such as google, kodak, xerox, klenex?

A

Fanciful trademarks

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22
Q

What type of trademarks are those that use common words in an uncommon way that is non-descriptive? Ex - dutch boy paint

A

Arbitrary trademarks

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23
Q

What is the secondary meaning of trademarks?

A

descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law until they acquire a secondary meaning.

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24
Q

What are examples of terms that do not recieve protection even if they acquire a secondary meaning?

A

Bicycle and computer

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25
Q

What type of marks are used by companies that provide a service rather than a good?

A

Service, Certification and Collective Marks

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26
Q

What is a service mark?

A

trademark that is used to distinguish the services (rather than the products) of one person or company from those of another. For instance, each airline has a particular mark or symbol associated with its name.

27
Q

What is a collective mark?

A

certification mark used by members of a cooperative, association, or other organization.

28
Q

What is trade dress?

A

refers to the image and overall appearance of a product once it has been established

29
Q

What is an example of trade dress?

A

design of a golf hole, shape of a goldfish cracker

30
Q

What goods copy or otherwise imitate trademarked goods, but they are not the genuine trademarked goods?

A

Counterfiet goods

31
Q

What is trade name?

A

indicates part or all of a business’s name, whether the business is a sole proprietorship, a partnership, or a corporation. Generally, a trade name is directly related to a business and its goodwill

32
Q

What is the difference between trademarks and trade names?

A

trademarks refer to a product. Trade names are the business name

33
Q

What is a patent?

A

grant from the government that gives inventors the exclusive right to make, use, or sell their invention for a period of twenty years.

34
Q

What are the requirements of patents?

A
  1. invention for a period of 20 years;
  2. design for a period of 14 years;
  3. business process for a period of 20 years;
  4. Since 2011 the protections begin when the patent application is filed – not when patent issued
  5. “Race to the Patent office” – first person to file the patent application receives the patent protection.
  6. Challenges to a patent on any grounds are prohibited for first 9 months.
35
Q

True or false: almost anything is patentable?

A

TRUE

36
Q

What is required for an object to be patentable?

A

the applicant must prove that the invention, discovery, process, or design is novel, useful, and not obvious in light of current technology.

37
Q

True or false: the laws of nature; natural phenomena; abstract ideas, and algorithms are not patentable?

A

TRUE

38
Q

Can you patent an idea?

A

no

39
Q

Can you trademark and idea?

A

No

40
Q

What is patent infringement?

A

If a firm makes, uses, or sells another’s patented design, product, or process without the patent owner’s permission, the tort of patent infringement occurs. I make it, I use it

41
Q

What are remedies for patent infringement?

A
  1. Injunctions
    1. Damages for royalties and lost profits
    2. Attorney’s fees
    3. Treble damages….means: triple the damages
42
Q

How is an injunction a remedy for patent infringement?

A

patent holder must prove they suffered irreparable injury and that the public interest would not be disserved by a permanent injunction.

43
Q

What is an intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type. An author’s exclusive right to publish, print, or sell a product of her intellect for a certain period of time?

A

Copyright

44
Q

Can you copyright an idea?

A

No. However, the way an idea or expression is expressed can be copyrighted.

45
Q

What are works that are copyrightable?

A

include books, records, films, artworks, architectural plans, menus, music videos, product packaging, and computer software.

46
Q

Copyright Act of 1976 & Copyright Term Extension Act of 1998 – give the author or originator the exclusive rights to their works for a specific amount of time as follows:

A
  1. Works created after 1/1/78: the life of the author plus 70 years
  2. Works owned by publishing houses: the copyright is for 95 years from the date of publication or 120 years from the date of creation
  3. Works by more than 1 author: life of the authors within 70 years after the life of the last survivor
  4. When the protection ends - Public Domain – when copyrights expire, protected works return to the public domain. It is a “creative commons” where the law cannot control what you do with the material you find.
47
Q

If someone created something do they probably own it?

A

Yes

48
Q

Are copyrights required be registered with the U.S. Copyright Office in Washington, D.C.?

A

Copyrights can (but is not required) be registered with the U.S. Copyright Office in Washington, D.C.

49
Q

Section 102 of the Copyright Act explicitly states that it protects original works that fall into what categories?

A

Literary works (including newspaper and magazine articles, computer and training manuals, catalogues, brochures, and print advertisements).

Musical works and accompanying words (including advertising jingles).

Dramatic works and accompanying music.

Pantomimes and choreographic works (including ballets and other forms of dance).

Pictorial, graphic, and sculptural works (including cartoons, maps, posters, statues, and even stuffed animals).

Motion pictures and other audiovisual works (including multimedia works).

Sound recordings.

Architectural works.

50
Q

What must be formed if someone other than the copyright owner wants to use the copyrighted material?

A

If someone other than the copyright owner wishes to use the copyrighted material, a license agreement (contract) should be formed and royalties paid to the copyright owner.

51
Q

What are the 6 protected fair uses for copyrighted material?

A

criticism
commentary
News reporting
teaching
schlarship
research

52
Q

What are the four statutory factors used by courts to determine on a case by case basis if the use of a copyrighted work is a “fair use”?

A
  1. The purpose and character of the use
  2. Nature of the copyrighted work
  3. The amount/portion of the work used in relation to the whole work
  4. The affect of the use on potential market or value of the work. Affect on the owner
53
Q

What is the first sales doctrine?

A

Once a copyrighted work has been sold, the copyright owner has no right to control further sales. The purchaser can resell or otherwise dispose of the item without any permission or licensing agreement from the copyright owner.

54
Q

What is copyright protection for software?

A

Generally, copyright protection extends to those parts of a computer program that can be read by humans, such as the “high-level” language of a source code. Protection also extends to the binary-language object code, which is readable only by the computer, and to such elements as the overall structure, sequence, and organization of a program.

55
Q

Is plagiarism the same thing as copyright infringement?

A

No. Plagiarism is an academic issue when you are using someone else’s information in your writing. When we are completing plagiarism, we are engaged in one of our fair uses (criticism, commentary, news reporting, teaching, scholarship, research). Fair use is an exception to copyright infringement

56
Q

Can you be engaged in “fair use”, therefore, not copyright infringement, and still be committing plagiarism?

A

Yes

57
Q

What is a trade secret?

A

Information or a process that gives a business an advantage over competitors who do not know the information or process. Unlike copyright and trademark protection, protection of trade secrets extends to both ideas and their expression. For this reason, and because there are no registration or filing requirements for trade secrets, trade secret protection may be well suited for software.

58
Q

True or false: like copyright and trademark protection, protection of trade secrets extends to only the way an idea is expressed?

A

False. Unlike copyright and trademark protection, protection of trade secrets extends to both ideas and their expression. You can keep an idea secret

59
Q

Those who disclose or use another’s trade secret, without authorization, are liable to that other party if either of the following is true:

A
  1. They discovered the secret by improper means.
  2. Their disclosure or use constitutes a breach of a duty owed to the other party.
60
Q

What is the Uniform Trade Secrets Act of 1979?

A

This uniform law was presented to the states in 1979 in an effort to reduce the unpredictability of the common law amongst the states in this area. Parts of the act have been adopted by about 47 states as of 2013. Makes the taking of trade secrets a state crime

61
Q

What act makes the theft of trade secrets a state crime?

A

Uniform Trade Secrets Act of 1979

62
Q

What act makes the theft of trade secrets a federal crime?

A

Economic Espionage Act of 1996

63
Q

What is a confidentiality agreement?

A

Agreement you sign with your employer to keep trade secrets confidential. If you disclose these secrets, you have a breach of contract

64
Q

What are the goals of the anti-counterfieting trade aggreement?

A

to increase international cooperation, facilitate the best law enforcement practices, and provide a legal framework to combat counterfeiting. ACTA applies not only to counterfeit physical goods, such as medications, but also to pirated copyrighted works being distributed via the internet.

Management 311 (25 decks)

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