Module 5

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

Fair use in the context of direct infringement includes the following elements: _______. (Choose all that apply)

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

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

appearance

Amazon would be an example of a(n) ______ mark because it is a real word being used as a mark that has nothing to do with its literal meaning.

arbitrary

A trademark that has no direct connection to the product is categorized as _______ or _______. (Choose two correct answers)

arbitrary, fanciful

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

balancing

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

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 _______. (Choose three best answers)

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

While the UTSA does not include any _______ sanctions for _______ many states have added separate statutes that do. (Choose two correct answers)

criminal, misappropriation

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

derivatives

A(n) _______ mark is one that makes specific reference to features, qualities, or characteristics of a product or service and is not inherently _______.

descriptive, distinctive

_______ 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

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

distinctiveness

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

distinctiveness

A few of the factors courts use in determining whether information is a trade secret include: _______. (Choose all that are correct)

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

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

fair use

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

false

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

To derive copyright protection, a work must meet a three-part test: _______. (Choose three correct answers)

fixed in a durable medium, originality, creativity

If a mark does not fall into the arbitrary, fanciful, suggestive, or descriptive with a secondary categories, it is considered _______ and cannot be registered as a trademark.

generic

Works that cannot be copyrighted include: _______. (Choose all that are correct)

ideas, discoveries, concepts

Patent rights are important for the entire business community because it offers full legal protection of their _______, ______, and _______. (Choose three correct answers)

ideas, methods, inventions

_______ infringement (also known as contributory infringement) requires a facilitator of the infringement.

indirect

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 _______ 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." (Choose two correct answers)

lanham

The _______ Act protects an holder's (owners) registered _______ from use without the owner's permission.

lanham, trademark

Patent infringement occurs in one of two ways: _______ or _______. (Choose two correct answers)

literal infringement, equivalence

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

misappropriation

A trade secret owner has the right to keep others from _______ or _______ the trade secret for the duration of the firm's existence. (Choose two correct answers)

misappropriation, using

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. (Choose two correct answers)

original, ornamental

Businesses' efforts to maintain secrecy include the following: _______. (Choose all that apply)

password protection, signing non-disclosure, encryption

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. (Choose two correct answers)

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

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

According to the Copyright Act, the owner of a copyright has the exclusive right to: _______. (Choose all the correct answers)

reproduce the work, sell the work, adapt the work

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

Because descriptive marks such as After Tan are not inherently distinctive, they are not protected under the Lanham Act, unless they have acquired a _______.

secondary meaning

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 non infringing uses

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.

suggestive

_______ 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

In a trademark dilution claim, evidence of consumer confusion is not necessary because dilution can occur by: ________ or _______. (Choose two correct answers)

tarnish, blurring

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.

tarnisment

Indirect infringement involves three parties: ______, the _______, and the _______. (Choose the correct answers)

the copyright owner, facilitator, direct infringer

A trade secret is obtained through improper means if it is acquired by: _______. (Choose all that apply)

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 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. (Choose two correct answers)

trade secrets

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

trade secrets

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

true

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: _______. (Choose three correct answers)

utility, design, plant

Intentional patent infringement is referred to as _______ patent infringement and merits higher damages due to bad behavior. (Choose two correct answers)

willful