BUSI301: Business Law (B07) Chapter 24
One intellectual property law firm estimated that legal fees and application fees related to obtaining a patent ranged from _______ to ________.
$20,000, $30,000
A patent infringer acting in bad faith may have to pay the prevailing party's fees.
A patent infringer acting in bad faith may have to pay the prevailing party's fees.
Registration of a work for copyright protection would be registered with the ___________.
U.S. Copyright Office
A mark holder must submit an application for registration of a mark to the
USPTO.
A trademark holder acquires rights through use in commerce or by registering the mark with the
USPTO.
Most state statutes define misappropriation as the term is defined in the
UTSA.
Which of the following provides the definition for a trade secret?
Uniform Trade Secret Act
A mark holder may _______.
collect damages from an infringer
Designs, colors, and shapes of products help
customers create a link to a particular product.
Fill in the blank question. patents will protect inventors for any new, original, and ornamental design for an article of manufacture.
design
A trademark that identifies the source of a particular product is said to be
distinctive.
The idea that the first inventor to file a patent application is given the patent is the ______ rule.
first inventor-to-file
Copyright protection is a(n)
intangible right.
Protection against trade secret misappropriation
lasts for as long as the firm exists.
The use of a trade secret by one who knows or has reason to know that the secret was acquired by improper means is
misappropriation.
Once a trademark is registered, the holder has rights
nationwide.
In a trademark dilution case, evidence of consumer confusion is
not necessary in order for the mark holder to recover.
Trade secrets are usually protected by
state statutes and state common law.
Patent rights are created by
statute
Protection for a product's shape or the color of its packaging is called
trade dress.
Employers will typically be responsible for the unauthorized use of copyrighted material by an employee under the theory of ______ infringement.
vicarious
To help define the term "copy" as it pertains to copyright laws, courts have developed the
$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.)
Amount of money invested by the business in developing the information Measures taken to guard the confidentiality of the information
A patent of an invention lasts for years from the date of filing.
Blank 1: 20 or twenty
protection is granted if the work is original, creative, and fixed in a durable medium.
Blank 1: Copyright
Under the Act, more distinctive marks are provided with greater protection.
Blank 1: Lanham
protection is designed to prevent others from fooling customers into thinking that a product is produced by the mark holder.
Blank 1: Trademark
Profit from lost sales and royalties for any sale made by the infringer are examples of damages in patent infringement suits.
Blank 1: actual
When the infringing device does more than is described in the patent application of the protected invention, the rule of applies.
Blank 1: addition or additional
Trademark dilution occurs either through or .
Blank 1: blurring Blank 2: tarnishment or tarnishing
Indirect infringement is also known as contributaryBlank 1Blank 1 contributary , Correct Unavailable infringement.
Blank 1: contributory
Failure to give notice of patent protection may result in the inability to collect against patent infringers.
Blank 1: damages
Fill in the blank question. Failure to give notice of patent protection may result in the inability to collect against patent infringers.
Blank 1: damages
Textures, shapes, and color combinations have been given trade protection.
Blank 1: 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.
Blank 1: equivalence, equivalent, or equivalency
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 .
Blank 1: fair Blank 2: use
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.
Blank 1: first
Rights are lost through when a word becomes too generic to the point where it has lost its distinctiveness,
Blank 1: genericide
One who makes, uses or sells a patented invention without permission is guilty of patent .
Blank 1: infringement
One who actively induces infringement of a patent is considered a(n
Blank 1: infringer
Registration of copyrighted work allows the owner methods for enforcing the copyright.
Blank 1: legal
A(n) trademarkBlank 1Blank 1 trademark , Correct Unavailable can be renewed an unlimited number of times so long as the holder pays the registration fee.
Blank 1: mark or trademark
Disclosure or use of a trade secret without express or implied consent of the owner is called
Blank 1: misappropriation
Fill in the blank question. A business method may be patentable so long as it accomplishes a useful purpose in a(n) and nonobvious way.
Blank 1: novel
In order to be granted a patent, the standard requires that an invention or patent be unique and original and that no other identical invention or process exists.
Blank 1: novelty
The doctrine of equivalence came about due to the abuse of the rule of
Blank 1: omission
The doctrine of equivalence came about due to the abuse of the rule of .
Blank 1: omission
Using the word "patent" or placing the patent number on a particular article are ways to inform users that an article is .
Blank 1: patented
Mark holders must protect their rights by their marks.
Blank 1: policing
If a copyright has expired, works fall into the .
Blank 1: public Blank 2: domain
Proof of copied plots and structures could satisfy the standard.
Blank 1: substantial or substantially Blank 2: similarity, similarities, or similar
If a mark is no longer used in commerce for years, the rights are lost through abandonment.
Blank 1: three or 3
Fill in the blank question. A(n) patent applies to the invention of any new or useful process, machine or article of manufacture.
Blank 1: utility or utilities
Which of the following patents are intended to protect inventors for any new, original, and ornamental design for an article of manufacture?
Design
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?
Direct infringement
Under indirect copyright infringement, which of the following will be liable for damages?
Facilitator of the infringement
Which of the following is the most common defense to a claim of copyright infringement?
Fair use
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
Trademark infringement relief is available under the Lanham Act and the
Federal Trademark Dilution Act, as amended by the TDRA.
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?
First sale doctrine
Which of the following would fall into the category of a utility patent?
Invention of new machine
How is trade secret protection different from other forms of intellectual property?
It requires no formal registration.
Which of the following works to combat the confusion of customers by preventing competitors from getting a "free ride" at the expense of a more famous brand?
Lanham Act
Which of the following types of trademarks are likely to be rejected by the United States Patent and Trademark Office (USPTO)? (Check all that apply.)
Marks that are immoral Marks with scandalous matter Deceptive marks
Which of the following imposes criminal sanctions for violations of the Copyright 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?
Patent
Which of the following is not part of the public domain?
Recently copyrighted material
Which of the following is (are) true:
a mark holder must take steps to protect the exclusive use of the mark a mark holder can prevent another from using their mark
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
Durable medium means that the work must
take tangible form.
A mark's initial registration period is:
ten years