LSTD chapter 24
novel
A business method may be patentable so long as it accomplishes a useful purpose in a(n) ____ and nonobvious way.
design
A current trend in strategic business planning is to trademark product ______ as a form of trade dress.
generic
A mark falling into the ______ classification cannot be registered.
Suggestive
A mark is considered which of the following if imagination, thought, and perception are required to understand how it is tied to the underlying product or service?
fanciful
A mark that centers upon a word made up with the intention of being used as a distinctive term is considered ______
ten years
A mark's initial registration period is:
attorney
A patent infringer acting in bad faith may have to pay the prevailing party's _____ fees
Prejudgment Interest
A patent infringer is subject to a(n) _________ when it is proven that revenue from possible sales have been withheld from the patentee for a long period of time.
20
A patent of an invention lasts for _____ years from the date of filing.
nonobviousness
A patent will not be given for a relatively obvious improvement under the _____ standard
nonobviousness
A patent will not be given for a relatively obvious improvement under the ______ standard
arbitrary
A real word that is part of a mark, but has nothing to do with the word's literal meaning is called a(n) _____ mark
USPTO
A trademark holder acquires rights through use in commerce or by registering the mark with the ______
distinctive
A trademark that identifies the source of a particular product is said to be ______
secondary
A(n) _____ meaning is created when the consuming public primarily associates a trademark with a particular product, rather than an alternate meaning.
mark
A(n) ______ can be renewed an unlimited number of times so long as the holder pays the registration fee.
tarnishment
An association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark with something that a consumer might find objectionable or unflattering is dilution by _______
author
An original work of authorship is a work that is original to the _______
direct infringer.
Before pursuing a theory of indirect infringement, the copyright owner must first identify the ________
fair use
Copyright owners do not enjoy unlimited rights to their work; rather, the law balances public interests with the property rights of copyright owners. The most common and powerful defense to a copyright infringement claim is _______
intangible
Copyright protection is a _____ right
Copyright Act.
Copyrights are regulated by the ______
customers create a link to a particular product.
Designs, colors, and shapes of products help ______
take tangible form.
Durable medium means that the work must ______
vicarious
Employers will typically be responsible for the unauthorized use of copyrighted material by an employee under the theory of ______ infringement.
damages
Failure to give notice of patent protection may result in the inability to collect _____ against patent infringers.
It requires no formal registration.
How is trade secret protection different from other forms of intellectual property?
public domain
If a copyright has expired, works fall into the _______
3
If a mark is no longer used in commerce for ______ years, the rights are lost through abandonment.
secondary
If the consuming public primarily associates a mark with a particular product and not any alternate meaning, the mark is said to have _____ meaning
contributory
Indirect infringement is also known as ______ infringement
Recording Industry Association of America.
Individuals who engage in Illegal file sharing have been pursued by the ______
trade secret
Information or articles that are to be kept secret because of their particular value are _______
copyrights
Literary works, dramatic works, and sound recordings are examples of works that can be protected by ______
policing
Mark holders must protect their rights by _____ their marks.
descriptive
Marks that require no leap of imagination to connect to the product are called ______ marks
distinctive
Marks that suggest the product or service without literally describing it are considered highly _____
UTSA
Most state statutes define misappropriation as the term is defined in the _______
omission
No infringement occurs when the alleged infringing invention lacks an essential element of the patent holder's claims in the patent application. This is known as the rule of ______
nationally
Once a trademark is registered, the holder has rights where
$20,000, $30,000
One intellectual property law firm estimated that legal fees and application fees related to obtaining a patent ranged from _______ to ________.
infringer
One who actively induces infringement of a patent is considered a(n) ______
infringement
One who makes, uses or sells a patented invention without permission is guilty of patent ______
creative element.
Original work, in order to receive copyright protection, must contain some ______
statute
Patent rights are created by _____
substantial similarity
Proof of copied plots and structures could satisfy the _________ standard
lasts for as long as the firm exists.
Protection against trade secret misappropriation ______
trade dress.
Protection for a product's shape or the color of its packaging is called
fair use.
Reasonable educational use of copyrighted material is usually recognized under the defense of ______
legal
Registration of copyrighted work allows the owner ______ methods for enforcing the copyright.
genericide
Rights are lost through ______ when a word becomes too generic to the point where it has lost its distinctiveness,
Accommodations Transportation
Service marks are typically associated with ____ and _____
dress
Textures, shapes, and color combinations have been given trade ______ protection
copyright laws
The RIAA enforces:
transformative
The ______ factor allows a court to first analyze whether the work in question has added new expression or meaning to the copyrighted work.
First
The _______ Amendment prevents government regulators from denying mark registration because the mark is likely to offend others.
equivalence
The doctrine of ________ allows courts to find patent infringement when an invention, compared with a patented device performs, substantially the same function in substantially the same way to achieve the same result.
omission
The doctrine of equivalence came about due to the abuse of the rule of ______
first inventor-to-file
The idea that the first inventor to file a patent application is given the patent is the ______ rule.
misappropriation
The use of a trade secret by one who knows or has reason to know that the secret was acquired by improper means is
3
There are ______ stages of patent prosecution.
unique; original
To be granted a patent, the invention or process must be ______ and ______.
secondary meaning.
To get protection under the Lanham Act, the holder of a descriptive mark must prove that the mark has _________
substantial similarity standard.
To help define the term "copy" as it pertains to copyright laws, courts have developed the ________
reasonable
To prevent the loss of trade secret protection an owner must take ______ steps to keep the information secret.
design
To protect product _____ through trademark protection laws, a business must overcome any notion that the design purpose was to allow the product to function properly rather than as a distinctive trademark.
tangible
To receive copyright protection, the work must be in ______ form, such as writing, digital, video, and so forth.
fails to take reasonable steps to keep the information secret
Trade secret protection is lost if the owner:
state statutes and state common law.
Trade secrets are usually protected by _____ and _____
blurring; tarnishment
Trademark dilution occurs either through ______ or _____
blurring
Trademark dilution through ______ occurs when the distinctive quality of a mark is identified with goods that are not alike.
distinctiveness
Trademark protection is based on ___
F
True or false: All types of trade secrets are protected by either patent or copyright laws.
F
True or false: Copyright holders have complete and exclusive rights to their protected work.
f
True or false: Registration of a mark is automatic.
F
True or false: Reverse engineering of a product constitutes misappropriation of a trade secret.
Lanham
Under the _____ Act, more distinctive marks are provided with greater protection.
aesthetics
Using the transformative factor, the courts will look at ______ to see if the new work infringes on the copyrighted work.
patented
Using the word "patent" or placing the patent number on a particular article are ways to inform users that an article is _______
addition
When the infringing device does more than is described in the patent application of the protected invention, the rule of _______ applies
Design patents
Which of the following covers the invention of new ornamental designs for manufacture?
Patent
Which of the following creates a monopoly right that allows an inventor the exclusive entitlement to make, use, license, and sell an invention for a limited period of time?
No Electronic Theft Act
Which of the following imposes criminal sanctions for violations of the Copyright Act?
plant
Which of the following is the least common patent?
Fair use
Which of the following is the most common defense to a claim of copyright infringement?
Design
Which of the following patents are intended to protect inventors for any new, original, and ornamental design for an article of manufacture?
First sale doctrine
Which of the of following allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright owner?
Service
______ marks are used to identify business services.
Trademark
______ protection is designed to prevent others from fooling customers into thinking that a product is produced by the mark holder.
utility
_______ patent applies to the invention of any new or useful process, machine or article of manufacture.
plant
_______ patent covers the invention or discovery of asexually or sexually reproducible plants.
first
the ______ sale doctrine allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright holder.
