BUS 251: Chapter 50 Reading & Assessment Questions

A mark holder can send a(n) _______ to the alleged infringer asking them to discontinue their use of the mark or face potential legal action.

"cease and desist" letter

A utility or business method patent will last for:

20 years from the date of the filing of the application with the U.S. Patent and Trademark Office

Mary Beth has written a novel. Copyright protection regarding her work will be for

70 years after her death

Which of the following is not an example of a trademark lost, or in danger of protection, due to its becoming a generic term.

Ford

In Metro-Goldwyn-Mayer Studios v. Grokster, Ltd., Grokster claimed a fair use exception to the copyright infringement claim because its process was such that it was impossible for Grokster to know if the users of its device were infringing or not. Which of the following was the outcome?

Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights

The _______ Act allows the USPTO to reject a mark if it is "immoral, deceptive, or scandalous matter" or may be disparaging to "people, institutions, beliefs, or national symbols."

Lanham

The ______ case held that business methods are patentable as long as they accomplish something practically useful in a novel and _______ way.

State Street Bank; nonobvious

Which of the following would generally not be patentable?

a mathematical formula that allows one to calculate the gross national product

Works that cannot be copyrighted include: _______.

concepts; ideas; discoveries

Dilution by blurring dilutes the distinctive quality of the mark through its identification with goods that are not alike and may be found regardless of the presence or absence of actual or likely _______, _______, or _______.

confusion; competition; actual injury

To prevail on a claim of trademark infringement under the Lanham Act, the mark holder has the burden of proving that the infringement would likely cause _______ among _______ consumers.

confusion; reasonable

True or false: In the context of direct infringement, an exact copy is required.

false

Trade secrets are protectable

for as long as the company desires

Patent rights are important for the entire business community because it offers full legal protection of their _______, ______, and _______.

ideas; methods; inventions

The patent statute delineates the guidelines for a novelty standard as follows: _______.

priority within a reasonable time; priority for inventors; public use

Trade secret protections are provided through

state statutes and common law

In the Sony v. Universal City Studios case, the Court held that Sony was not liable because the Betamax device could be used for ______.

substantial noninfringing uses

The knowledge that resides within employees is _________ knowledge.

tacit

Mike has written a novel. When, if ever, would Mike's novel be copyright protection?

the novel is copyrighted automatically after completion

Each of the following is considered trade dress except:

the white linen tablecloths at the Four Seasons Restaurant in New York City

A trade secret is obtained through improper means if it is acquired by: _______.

theft; bribery; breach of contract

Businesses are increasingly eager to protect a products "_______", a product's look-and-feel, its shape or the color combination of its packaging.

trade dress

The color or shape of an item, if distinctive, is

trade dress

True or false: In the In re Tam case, the U.S. Court of Appeals for the Federal Circuit held that Section 2a of the Lanham Act violated the 1st Amendment and was unconstitutional.

true

Design patents are mainly concerned with protecting the _______ of an article.

appearance

A trademark that has no direct connection to the product is categorized as _______ or _______.

arbitrary; fanciful

A few of the factors courts use in determining whether information is a trade secret include: _______.

efforts to maintain trade confidentiality among; amount invested to develop the information; the value of the information to competitors

A significant advantage of trade secret protection over other forms of intellectual property (such as patents and copyrights) is that generally, protection does not _______.

expire

_______ knowledge is knowledge that is recorded and available for the company's interpretation, application, and reproduction.

explicit

The landmark case of Sony v. Universal Studios affirmed the most common and powerful defense to copyright infringement: _______.

fair use

Patent infringement occurs in one of two ways: _______ or _______.

literal infringement; equivalence

The Computer Software Copyright Act defined computer software programs as

literary works

A trade secret owner has the right to keep others from _______ or _______ the trade secret for the duration of the firm's existence.

misappropriating; using

Most state statutes use the UTSA's definition of _______, which is acquisition of a trade secret by improper means or without knowing consent.

misappropriation

The concept of ______ means that an invention or process must be unique and original, and a patent applicant must show that no other identical invention or process exists.

novelty

For a work of authorship to qualify as "_______" the author must use her own creative capabilities to create the work or medium.

original

The federal Copyright Act allows creators to obtain a copyright by having a(n) "_______ work of authorship fixed in any ________ medium of expression."

original; durable

Patent laws also protect inventors of any new, ________, and _______ design for an article of manufacture.

original; ornamental

To derive copyright protection, a work must meet a three-part test: _______.

originality; creativity; fixed in a durable medium

A(n) _______ is a statutorily created right that allows an inventor the exclusive right to make, use, license, and sell an invention for a limited amount of time.

patent

The _______ Act sets forth appropriate measures that must be taken to properly inform users that an article is patented such as placing the word "Patent," the abbreviation "Pat.," or the patent number on the specific article.

patent

If no marking is identifiable, then the ________ is unable to collect damages from infringers unless they have been properly _______ and nonetheless continue to infringe.

patentee; warned

A patent holder should mark its product as patented in order to achieve the fullest protections. Each of the following is an acceptable means of marketing the product except:

placing a P in a circle on the item or its packaging

When filing for a new invention, a database is searched to ensure that "_______" is not found - that is a similar invention is not protected by an existing patent or technical disclosure

prior art

The application process for patents is called _______ a patent, which typically has three major stages.

prosecuting; incorporating

Intellectual property is an umbrella term for the legal property rights except:

real property

Although copyrighted works may be _______ with the U.S. Copyright Office, the creation of the work itself _______ confer(s) a copyright on the material. (Choose two correct answers)

registered; automatically

Cybersquatting describes the practice of

registering multiple domain names and then selling them back to companies at inflated prices

One of the primary questions facing a business in deciding whether its information should be kept a trade secret or patented, is the possibility of whether the invention can be _______.

reverse engineered

Which of the following describes a literal patent infringement where the infringed device does more than is described in the patent application of the protected invention?

rule of addition

The trademark "Under Armour" would be a(n) _______ and distinctive mark because imagination, thought, and perception are required to understand how it is tied to the underlying product or service.

suffestive

_______ marks such as Netflix are similar to _______ marks in that they tend to be highly distinctive and are given a high level of protection.

suggestive; arbitrary

Apple cigarettes would be a case of dilution by _______ the similarity between Apple and another famous product harms the reputation of the Apple tech company with something that a consumer might find objectionable or unflattering.

tarnishment

The U.S. Patent and Trademark Office has granted protection to _______ characteristics so long as the mark holder can prove a(n) _______ back to the source product or service in the consumer's mind.

trade dress; exclusive association

Of the factors courts use in determining whether information constitutes a(n) _______ are the measures taken by the owner to guard the confidentiality of the information.

trade secret

Many types of _______, business information, and business methods are broader in scope and may not be protectable by patent or copyright laws.

trade secrets

_______ such as processes, formulas, methods, procedures, and lists can be valuable assets that allow companies to obtain a competitive advantage.

trade secrets

A(n) _______ is a nonfunctional, distinctive word, name, shape or symbol that helps consumers to distinguish one product or service from another.

trademark

True or false: If an invention can be relatively easily reverse engineered, a patent would be the best option.

true

Holders acquire rights to trademark protection either through (1) _______ or (2)_______.

use in commerce; federal registration

A(n) ______ patent covers the invention of any new and useful process, machine, article of manufacture, or composition of matter or any new and useful improvement, including software and hardware.

utility

There are three types of patents: _______.

utility; design; plant

The initial registration period for a mark at the USPTO is _______ years, but marks may be renewed _______ so long as the holder continues to pay the registration fee.

10; an unlimited number of times

A primary threat to a mark's _______ is the use of the mark by competitors and other third parties.

distinctiveness

According to the Copyright Act, the owner of a copyright has the exclusive right to: _______.

adapt the work; reproduce the work; sell the work

Fair use in the context of direct infringement includes the following elements: _______.

amount of the material used; purpose and nature of the use; market effect

Courts use the _______ model defined in the Polaroid v. Polarad case to determine whether a likelihood of confusion exists.

balancing

The key requirement for a protectable trademark is the ________ that indicates the product's source.

distinctiveness

The No Electronic Theft Act primarily addressed protection regarding

copyrights

While the UTSA does not include any _______ sanctions for _______ many states have added separate statutes that do.

criminal; misappropriation

Prosecuting a patent has the following major steps: _______.

database search; provisional application; nonprovisional application

When a copyright holder adapts the work, the adaptations are referred to as _______.

derivatives

Which of the following is not eligible for immediate trademark protection?

descriptive trademarks

_______ infringement occurs when the copyright owner can prove that she has legal ownership of the work in question and that the infringer copied the work without permission.

direct

For a trademark to be _______, it must identify the source of a particular product (or service for service marks).

distinctive

True or false: Like copyright, registration of a mark is automatic.

false

Spotify would be an example of a(n) ______ mark that centers upon a made-up word.

fanciful

One can apply for federal trademark in commerce so long as the mark is being used in commerce _______.

in more than one state

Although not legally required, registration of the copyright with the Copyright Office gives its owner the right to bring a(n) _______ action in federal court.

infringement

________ is an umbrella term for the legal property rights related to trade secrets, patents, copyrights, and trademarks.

intellectual property

__________ rights can emerge from the flow of knowledge.

intellectual property

The State Street Bank case provided a road map for the emerging _______ community to plan business models in such a way as to be eligible for patent protection.

internet business

Cynthia hates writing term papers and reports, so when she receives an assignment to write a paper for her law class, she calls her friend Stephanie and agrees to pay Stephanie to write the paper for her. Stephanie, instead of writing the paper, copies a paper from a small, remote law journal that publishes faculty-written papers from throughout the world online. When the plagiarism is discovered, an infringement claim is brought. Cynthia is guilty of:

vicarious infringement

Intentional patent infringement is referred to as _______ patent infringement and merits higher damages due to bad behavior.

willful