Business Law Unit 4

What is the legal right that gives the author of qualifying subject matter, if the author meets other requirements established by law, the exclusive right to publish, produce, sell, license, and distribute the work? Trademark Trade secret Patent Copyright

Copyright

Ren has developed a new model of car that looks significantly different from other cars on the market; however, it works in the same way. What type of patent should Ren apply for?

Design Patent

To reiterate, copyright infringement occurs when someone uses a copyrighted work without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display, or perform the protected work, or to make derivative works. Copyright infringement may include unauthorized sales and/or

Distribution

How long does a trademark last?

Forever

How would you describe "genericide"?

If the mark refers to a class of goods instead, then the trademark can no longer exist. This process is called genericide.

What are trade secrets?

In short, secret information. This information may include a process, formula, pattern, program, device, method, technique, customer list, or compilation.

How long can a trademark be protected under federal law? Ten years Fourteen years Indefinitely Twenty years

Indefinitely

What is intellectual property an example of?

Intangible property

How would you describe the Uniform Trade Secrets Act?

Is a Law that give power to the court to impose damages against someone that use trade secrets. Including actual loss and unjust enrichment.

True or False A company slogan is an example of a trademark.

True

What are the defenses to trademark infringement?

Any kind of name, logo, motto, slogan, device, sound, color, or look that identifies the origin of a particular good or service.

What things can be trademarked?

Any kind of name, logo, motto, slogan, device, sound, color, or look that identifies the origin of a particular good or service.

What is the term for when copyrighted material is used in a satire or parody? Piracy Copyright sharing Copyright infringement Application of fair use doctrine

Application of fair use doctrine

How are "brands" different from "trademarks"?

Brands are created by the company's the representative, but they are not filed as a trademark

A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n)

Collective mark

Common defenses of trademark infringement include fair use, free speech, and

Comparative advertising

What is "fair use"?

includes copying a work for purposes of commentary, criticism, news reporting, teaching, or research. Just because a work is used in a news article or in a classroom, however, does not make its use fair.

One reason for the legal protection of intellectual property is to promote

innovation

How can suits for patents infringement arise?

"The patent holder may seek damages and an injunction against the infringe in federal court, requesting damages for royalties and lost profits as well. Even before being sued, the accused party may take the patent holder to court under the federal Declaratory Judgment Act, seeking a court declaration that the patent is invalid. The patent holder may sue a licensee for royalties claimed to be due, and the licensee may counterclaim that the patent is invalid."

How long does a copyright last?

70 years after the pasting of the author. If a company, the copyright expires 95 years from the date of publication, or 120 years form the date of the creation.

Which of the following could be considered a trade secret?

A chemical formula

What is a copyright?

Is a bundle of intangible rights granted by statute to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privilege is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same for publication and sale. It is one of the two types of intellectual property specifically mentioned in the Copyright Clause of the U.S. Constitution.

What is a patent?

Is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to a problem.

What is a trademark?

Is any kind of name, logo, motto, slogan, device, sound, color, or look that identifies the origin of a particular good or service.

What is a requirement for a work to be copyrighted?

It must be in a fixed medium

Kamal and Sara own a camping gear company. Kamal had the idea to make a new, bear-resistant tent. Sara and Kamal make a prototype together. Kamal and Sara separately file for a patent, but Kamal submits his application first. Who will end up with patent rights to the tent? Kamal, because he was the first to file. Sara, because she contributed to making the prototype. Kamal, because it was his original idea. Kamal and Sara, because they invented the tent together.

Kamal, because he was the first to file.

Copyrights are protected by the Copyright Act, patents are protected by the Patent Act, and trademarks are protected by the

Lanthem Act

Eva, Diego, and Lucas are in business together in the United States making toys. Lucas invents a new type of toy and both Diego and Lucas file for patents within 12 months, but Diego is the first to file the patent. Lucas sues Diego for patent infringement. Legally, who holds the patent rights to the toy?

Lucas, because he invented the toy.

What are the procedures for obtaining a patent?

Must file a patent with the U.S. patent and trademark office (USPTO).

What is a grant by the federal government to the inventor of an invention for the exclusive right to use, sell, and license the invention for a limited amount of time? Trademark Copyright Trade secret Patent

Patent

What is a work considered once copyright has expired? Minimized rights Fair use Public domain Creative Commons

Public Domain

To reiterate, copyright is a bundle of intangible rights granted by statute to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privilege is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same for publication and sale. What does a copyright give the creator the sole legal right to?

Publish and sell the original work

Which option would be eligible for protection under trademark law? The product name "Leather Shoez" (describing shoes that are not made of leather) A photo taken by a professional photographer The magenta color of T-Mobile The product name "Inkjet Printers"

The magenta color of T-Mobile

How would you describe copyright infringement?

The use of an author work without the express permission of the author.

How can genetically modified agricultural products be patented?

Their subjects of utility patents

A fair use includes copying a work for purposes of commentary, criticism, news reporting, teaching, or research. What is the purpose of fair use?

To allow material used for educational purposes to be copied.

A soft drink manufacturer protects a closely guarded formula for a recipe. What is this recipe an example of? Trade secret Patent Trademark Copyright

Trade secret

Improper misappropriation occurs when you obtain which protected item by using improper means? Trademark symbols Copyrighted works Trade secrets Patent designs

Trade secrets

Which of the following intellectual properties is protected by the Lanham Act? Trade secret Trademark Patent Copyright

Trademark

Sophia invents a smartphone that only works when it is plugged in to an outlet. What element is missing for her idea to be patentable?

Useful

Lulu has invented a piece of machinery that automatically wraps gifts. It is the first of its kind. What type of patent should Lulu apply for? Novel patent Plant patent Design patent Utility patent

Utility patent

What are three different types of patents?

Utility, design, and plants.

When does a patent enter the public domain?

When the patent term period has expired

In addition to phrases, symbols, and designs, which of the following can also be trademarked? Proposal Ideas Words Concepts

Words