Ch. 11 MC Examples
The duration of a copyright granted to a known individual, not a work done for hire, will be
the life of the author plus 70 years
What are four defenses to patent-infringement claims?
1. noninfringement 2. invalidity of the patent 3. misuse of the patent 4. innocent infringement
A ___ placed on a product indicates that the product has met the certifier's standards of safety or quality.
Certification mark
The federal trademark act is known as the ___ Act.
Lanham
When an idea and its expression are inseparable, the ___ doctrine dictates that the expression is not copyrightable.
Merger
A defendant is not liable for trademark infringement if its use is ___ use, meaning that it uses the mark to talk about the mark itself.
Nominative
The term ___ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers, rather than to manufacture a patented product or supply a patented service.
Patent troll
What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?
Productive
A descriptive mark that is initially unavailable for protection can still become protectable if it acquires ___ meaning.
Secondary
A ___ is used in conjunction with services.
Service mark
Which of the following is not a type of U.S. patent: plant, design, service, utility?
Service patent
Which of the following is not a part of a patent application: specifications, claims, drawings, declaration of prior art?
The declaration of prior art
The ___ doctrine provides that copyright protection does not extend to the useful application of an idea.
Useful article
A design dictated by function may be protected by a(n) ___ patent.
Utility
What are the four basic types of intellectual property?
1. patents 2. copyrights 3. trademarks 4. trade secrets
A ___ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.
Arbitrary
The practice of ___ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.
Cybersquatting
When may a defendant be held liable for vicarious copyright liability?
When the defendant has the right and ability to control the infringer's acts and receives direct financial benefit from the infringement.
A ___ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.
Fanciful
Under the ___ use doctrine, under certain circumstances, a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting, education, scholarship, or research.
Fair
The defense of ___ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.
Nominative use