MGT 12A - Chapter 24

One intellectual property law firm estimated that legal fees and application fees related to obtaining a patent ranged from _______ to ________. $25,000, $50,000 $20,000, $30,000 $40,000, $60, 000 $30,000, $50,000

$20,000, $30,000

Which of the following are factors which courts use to analyze whether a business's information constitutes a trade secret? (Check all that apply.) Value of the information to academia Measures taken to guard the confidentiality of the information Progress of the patent application process for the information Amount of money invested by the business in developing the information

- Measures taken to guard the confidentiality of the information - Amount of money invested by the business in developing the information

Which of the following is (are) true: a mark holder can prevent another from using their mark a mark holder has no recourse against a mark infringer a mark holder must take steps to protect the exclusive use of the mark a mark holder does not have to take any steps to police the infringement of their mark

- a mark holder can prevent another from using their mark - a mark holder must take steps to protect the exclusive use of the mark

Which of the following mark categories cannot be registered as a trademark: generic descriptive with no secondary meaning descriptive with a secondary meaning fanciful

- generic - descriptive with no secondary meaning

Which of the following is (are) true regarding copyright registration __________. registration allows the owner to seek damages for infringement registration is not required copyright notice must be given to preserve the rights of the owner registration of the work is the only way for an owner to have rights to the material

- registration allows the owner to seek damages for infringement - registration is not required

A patent of an invention lasts for ??? years from the date of filing.

20

If a mark is no longer used in commerce for ??? years, the rights are lost through abandonment.

3

There are ______ stages of patent prosecution.

3

Which of the following would not be patentable under the patentable subject matter standard? Abstract ideas New machine process Article of manufacture New machine

Abstract ideas

Which of the following is protected under the Copyright Act? Methods of operation Discoveries Choreographic works Abstract ideas

Choreographic works

??? protection is granted if the work is original, creative, and fixed in a durable medium.

Copyright

Which of the following offers protection for original work of authorship fixed in any tangible medium of expression, not known or later developed from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device? Trademark Service mark Copyright Patent

Copyright

??? patents will protect inventors for any new, original, and ornamental design for an article of manufacture.

Design

Which of the following patents are intended to protect inventors for any new, original, and ornamental design for an article of manufacture? Plant Design Utility Machine

Design

Which of the following covers the invention of new ornamental designs for manufacture? Business method patent Design patents Plant patents Utility patent

Design patents

If a copyright owner can prove that he has legal ownership of the work and that an infringer copied the work without permission, what type of infringement has occurred? Indirect infringement Vicarious infringement Direct infringement Negligent infringement

Direct infringement

If a copyright owner can prove that he has legal ownership of the work and that an infringer copied the work without permission, what type of infringement has occurred? Vicarious infringement Indirect infringement Negligent infringement Direct infringement

Direct infringement

Under indirect copyright infringement, which of the following will be liable for damages? Director of the infringement Copyright holder Direct infringer Facilitator of the infringement

Facilitator of the infringement

Which of the following is the most common defense to a claim of copyright infringement? Substantial use Fair use Vicarious use Reasonable use

Fair use

T or F: According to the patentable subject matter standard, materials common to nature, such as penicillin, are patentable.

False

T or F: The Copyright Act of 1976 gives the creator of an original literary or artistic work intangible copyright protection for an unlimited period of time.

False

T or F: Trademarks are not forms of commercial speech that would be protected by the First Amendment to the U.S. Constitution.

False

True or false: All types of trade secrets are protected by either patent or copyright laws.

False

True or false: In order to obtain copyright protection, the work must be registered with the United States Copyright Office.

False

True or false: Registration of a mark is automatic.

False

True or false: Reverse engineering of a product constitutes misappropriation of a trade secret.

False (Trade secret owners do not get protection under misappropriation laws for reverse engineering.)

The ??? Amendment prevents government regulators from denying mark registration because the mark is likely to offend others.

First

Which of the following allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright owner? First in time doctrine First sale doctrine First use doctrine Equal use doctrine

First sale doctrine

??? infringement involves the copyright holder, the direct infringer, and the facilitator of the infringement.

Indirect

How is trade secret protection different from other forms of intellectual property? It offers protection against discovery of information through reverse engineering. It requires no formal registration. It does not keep others from misappropriating protected information. It expires only after a fixed period of time.

It requires no formal registration.

Under the ??? Act, more distinctive marks are provided with greater protection.

Lanham

Which of the following gives a mark holder protection? Copyright Act Lanham Act Patent Act Berne Convention

Lanham Act

Which of the following industries are most affected by patent law? Restaurant Insurance Manufacturing Banking

Manufacturing

Which of the following imposes criminal sanctions for violations of the Copyright Act? No Electronic Theft Act Criminal Copyright Act Crimes Against Intellectual Property Act Economic Espionage Act

No Electronic Theft Act

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? Trademark Patent Copyright Franchise

Patent

Which of the following is the least common patent? Design Business method Plant Utility

Plant

Work in which of the following is not protectable under copyright laws? Eminent domain Private domain User domain Public domain

Public domain

Which of the following is not part of the public domain? Recently copyrighted material Government agency correspondence Court cases Statutes

Recently copyrighted material

Individuals who engage in Illegal file sharing have been pursued by the Federal Trade Commission. National Rifle Association. Intellectual Property Commission. Recording Industry Association of America.

Recording Industry Association of America.

??? marks are used to identify business services.

Service

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? Descriptive Generic Suggestive Fanciful

Suggestive

??? protection is designed to prevent others from fooling customers into thinking that a product is produced by the mark holder.

Trademark

Service marks are typically associated with: (Check all that apply) Transportation Accommodations Environments Products

Transportation Accommodations

Registration of a work for copyright protection would be registered with the ___________. Internal Revenue Service Federal Trade Commission U.S. Copyright Office Securities and Exchange Commission

U.S. Copyright Office

A trademark holder acquires rights through use in commerce or by registering the mark with the FTC. NCAA. IRS. USPTO.

USPTO.

A trademark holder acquires rights through use in commerce or by registering the mark with the NCAA. USPTO. IRS. FTC.

USPTO.

Which of the following provides the definition for a trade secret? Uniform Trade Secret Act Uniform Commercial Code Madrid Protocol Berne Convention

Uniform Trade Secret Act

Which of the following covers the invention of a new process, machine or article of manufacture? Copyright patent Utility patent Service patent Plant patent

Utility patent

Which of the following would account for circumstances where a court would most likely find that the fair use doctrine will not be a sufficient defense for copyright infringement? The use is to further educational or scholarly work Newsworthy and factual information is being used Value of the copyrighted work is diminished by the use The use is limited to short phrases or words

Value of the copyrighted work is diminished by the use

Profit from lost sales and royalties for any sale made by the infringer are examples of ??? damages in patent infringement suits.

actual

When the infringing device does more than is described in the patent application of the protected invention, the rule of ??? applies.

addition

Using the transformative factor, the courts will look at Blank______ to see if the new work infringes on the copyrighted work. sources aesthetics optics

aesthetics

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.

arbitrary

A patent infringer acting in bad faith may have to pay the prevailing party's ??? fees.

attorney

An original work of authorship is a work that is original to the promoter. author. infringer. user.

author.

Trademark dilution through ??? occurs when the distinctive quality of a mark is identified with goods that are not alike.

blurring

Trademark dilution occurs either through ??? or ???.

blurring, tarnishing

Indirect infringement is also known as ??? infringement.

contributory

The RIAA enforces: environmental laws copyright laws

copyright laws

Literary works, dramatic works, and sound recordings are examples of works that can be protected by trademarks. patents. service marks. copyrights.

copyrights.

Original work, in order to receive copyright protection, must contain some scientific knowledge. arithmetic. creative element. factual basis.

creative element.

Designs, colors, and shapes of products help encourage competition in the competitive marketplace. keep costs down. customers create a link to a particular product. prevent competitors from fooling customers.

customers create a link to a particular product.

Failure to give notice of patent protection may result in the inability to collect ??? against patent infringers.

damages

Marks that require no leap of imagination to connect to the product are called ??? marks.

descriptive

A current trend in strategic business planning is to trademark product ______ as a form of trade dress. design quality history functionality

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.

design

In a trademark infringement claim, the mark holder must prove that consumers are likely to be confused as to the source of the goods. In determining whether a likelihood of confusion exists, courts will generally consider all of the following factors, except similarity between the marks. dilution by tarnishment of the mark. evidence of actual customer confusion. strength of the mark.

dilution by tarnishment of the mark.

Marks that suggest the product or service without literally describing it are considered highly ???.

distinctive

A trademark that identifies the source of a particular product is said to be suggestive. descriptive. distinctive. generic.

distinctive.

The use of a mark by competitors threatens the mark's ____________. profitability registration classification distinctivenessTrue or false: In order to obtain copyright protection, the work must be registered with the United States Copyright Office.

distinctiveness

Trademark protection is based on ???.

distinctiveness

Textures, shapes, and color combinations have been given trade ??? protection.

dress

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.

equivalence

When the infringer makes, uses or sells an invention that is exactly the same as the patent holder's claims in the patent application, the rule of ______ applies.

exactness

A holder of a mark has the ??? right to use the mark.

exclusive (or sole)

Trade secret protection is lost if the owner: is the victim of industrial espionage fails to take reasonable steps to keep the information secret fails to pay the filing fee for trade secret registration fails to register the trade secret with the government

fails to take reasonable steps to keep the information secret

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 ??? ???.

fair use

Reasonable educational use of copyrighted material is usually recognized under the defense of fair use. promotional use. minimal use. scholarly use.

fair use.

A mark that centers upon a word made up with the intention of being used as a distinctive term is considered ???.

fanciful

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.

first

The idea that the first inventor to file a patent application is given the patent is the ______ rule. first inventor-to-file original patent. best efforts first-in-time

first inventor-to-file

A mark falling into the ??? classification cannot be registered.

generic

Rights are lost through ??? when a word becomes too generic to the point where it has lost its distinctiveness,

genericide

While acquiring rights for trademark protection, a mark holder may use the symbol TM to indicate that the mark is already registered with the U.S. Patent and Trademark Office (USPTO). holder believes the mark should be protected, but does not believe it is distinctive enough to register with the USPTO. mark cannot be used by anyone, even if he or she used the mark in commerce prior to the registration. holder considers the mark distinctive enough to warrant protection and register with the USPTO but has not yet done so.

holder considers the mark distinctive enough to warrant protection and register with the USPTO but has not yet done so.

An owner of a mark is called the ???.

holders

One who makes, uses or sells a patented invention without permission is guilty of patent ???.

infringement

One who actively induces infringement of a patent is considered a(n) ???.

infringer

Protection against trade secret misappropriation expires five years after the trade secret is discovered. expires five years after the trade secret protection is granted by the government. lasts for as long as the firm exists. lasts throughout the life of the firm plus ten years.

lasts for as long as the firm exists.

Disclosure or use of a trade secret without express or implied consent of the owner is called ???.

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 trade libel. corruption. misappropriation. racketeering.

misappropriation.

Once a trademark is registered, the holder has rights globally. internationally. nationwide. locally.

nationwide.

A patent will not be given for a relatively obvious improvement under the ??? standard.

nonobviousness

Patents will not be given for an invention that is obvious under the ______ standard. patentable limitations open and notorious nonobviousness patentable subject matter

nonobviousness

The discovery of protected information through independent research is misappropriation. economic espionage. not misappropriation. subject to criminal sanctions.

not misappropriation.

In a trademark dilution case, evidence of consumer confusion is not necessary in order for the mark holder to recover. necessary in order for the mark holder to recover.

not necessary in order for the mark holder to recover.

A business method may be patentable so long as it accomplishes a useful purpose in a(n) ??? and nonobvious way.

novel

To qualify for a patent, the applicant must satisfy the _____ standard and prove that the invention or process is unique, original, and that no other identical invention or process exists. secondary meaning patentable subject matter novelty nonobviousness

novelty

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 ???.

omission

The doctrine of equivalence came about due to the abuse of the rule of ???.

omission

Laws of nature and natural phenomena are not patentable under the patentable criteria standard. intellectual property prevention rule. uniform patentable standards rule. patentable subject matter standard.

patentable subject matter standard.

Using the word "patent" or placing the patent number on a particular article are ways to inform users that an article is ???.

patented

A ??? patent covers the invention or discovery of asexually or sexually reproducible plants.

plant

Mark holders must protect their rights by ??? their marks.

policing

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.

prejudgment interest

If vicarious infringement is proven, damages can be recovered from the ???.

principal

If a copyright has expired, works fall into the ??? ???.

public domain

To prevent the loss of trade secret protection an owner must take ??? steps to keep the information secret.

reasonable

A(n) ??? meaning is created when the consuming public primarily associates a trademark with a particular product, rather than an alternate meaning.

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. international primary secondary selective

secondary

To get protection under the Lanham Act, the holder of a descriptive mark must prove that the mark has international recognition. secondary meaning. great economic value. viable use, both as a trademark and as a service mark.

secondary meaning.

Patent rights are created by case law. statute. common law. administrative regulations.

statute.

To help define the term "copy" as it pertains to copyright laws, courts have developed the substantial differences standard. substantial similarity standard. copyright definition test. relevant similarity standard.

substantial similarity standard.

"Cubism" is a popular brand of household storage solutions. The mark "Cubism" best fits into the _____ category. fanciful trademark suggestive trademark descriptive trademark arbitrary trademark

suggestive trademark

Durable medium means that the work must take tangible form. not be able to be destroyed. be in paper form. be intangible.

take tangible form.

To receive copyright protection, the work must be in ??? form, such as writing, digital, video, and so forth.

tangible

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 ???.

tarnishment

A mark's initial registration period is: ten years one year five years one month

ten years

Protection for a product's shape or the color of its packaging is called copyright. trademark. trade dress. service mark.

trade dress.

Methods, programs, formulas, patterns, and techniques are examples of trade secrets. corporate espionage. commercial secrets. financial assets.

trade secrets.

A(n) ??? can be renewed an unlimited number of times so long as the holder pays the registration fee.

trademark

The ??? factor allows a court to first analyze whether the work in question has added new expression or meaning to the copyrighted work.

transformative

To be granted a patent, the invention or process must be ______ and ______. ubiquitous; non-original common; original unique; original common; non-original

unique; original

A(n) ??? patent applies to the invention of any new or useful process, machine, or article of manufacture.

utility

Employers will typically be responsible for the unauthorized use of copyrighted material by an employee under the theory of ______ infringement. vicarious direct multiple liability de minimis

vicarious