LAW 231 CH. 14

The following is the list from Section 102 of the Copyright Act of the types of original works that are protected under copyright law:

1. LITERARY works (including newspaper and magazine articles, computer and training manuals, catalogues, brochures, and print advertisements). 2. MUSICAL works and accompanying words (including advertising jingles). 3. DRAMATIC works and accompanying music. 4. Pantomimes and CHOREOGRAPHIC works (including ballets and other forms of dance). 5. Pictorial, GRAPHIC, and sculptural works (including cartoons, maps, posters, statues, and even stuffed animals). 6. Motion pictures and other AUDIOVISUAL works (including multimedia works). SOUND recordings. ARCHITECTURAL works.

Under the Trademark Dilution Revision Act, to state a claim for trademark dilution, a plaintiff must prove that:

1. The plaintiff own a FAMOUS mark that is distinctive. 2. The defendant has begun using a mark in commerce that allegedly is DILUTING the famous mark. 3. The similarity between the defendant's mark and the famous mark gives rise to an ASSOCIATION between the marks. 4. The association is likely to IMPAIR the DISTINCTIVENESS of the famous mark of harm its REPUTATION.

A patent lasts for ____ years.

20

Collective Mark

A mark used by members of a cooperative, association, or other organization to certify the region, materials, mode of manufacture, quality, or accuracy of the specific goods or services.

Certification Mark

A mark used by one or more persons, other than the owners, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods or services.

Service Mark

A mark used in the sales or the advertising of services, such as to distinguish the services of one person from the services of others.

Choose which from the following list is NOT a trade secret:

A marketing logo

In 2011, a number of nations signed The __________________________ Trade Agreement to combat piracy and global counterfeiting.

Anti-Counterfeiting

Under the ________________________ , when a U.S. citizen writes a book, every signatory to that convention recognizes the U.S. author's copyright.

Berne Convention

In 1980, Congress passed the _______________________ , which amended the Copyright Act to include computer programs.

Computer Software Copyright Act

True/False: A chain of organic fast food restaurants uses the same distinctive colors, furniture, labels, logos, and employee uniforms. This unique ambiance is known as trade dress, which is NOT, however, as good as trademark protection.

False

True/False: A color scheme can never qualify for trademark protection.

False

True/False: A copyright is an intangible property right, meaning that you can touch and feel it.

False

True/False: Because the Copyright Act has a first-sale doctrine, once you buy a book, you are NOT allowed to resell it.

False

True/False: Because there is no contract between an outsider who steals confidential business data by industrial espionage, there can be no violation of trade secrets.

False

True/False: If a business process and information relating to that process cannot be patented, copyrighted, or trademarked against appropriation by competitors, there is nothing that a business can do.

False

True/False: Patent infringement is a crime.

False

True/False: Under all circumstances, the duration of trade secrets is forever.

False

The most important statutory protection for trademarks is the:

Lanham Act

The _____________ Protocol allows a U.S. company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered.

Madrid

The __________ Agreement established standards for international protection of patents, trademarks, and copyrights.

TRIPS

True/False: A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods

True

True/False: In determining "fair use" of copyrighted material, the effect of that use upon the potential market for or value of the copyrighted work is often the most important factor for the courts to consider.

True

True/False: Silverado Foods, Inc., wishes to obtain trademark protection for a product it sells that it has named Salad Dressing, but will probably be unable to do so because the phrase is generic.

True

True/False: Subsequent to the America Invents Act (2011), the first person to file a patent application receives patent protection.

True

True/False: Unless a trade name is used as a trademark or service mark, it cannot be registered with the federal government.

True

Most states laws with respect to protection of information of a commercial value are based on the:

Uniform Trade Secrets Act

_______________________ is NOT copyrightable.

an original idea

Which example in the following list is unrelated to the concept of intellectual property. a. Poems b. Apps c. Sculptures d. Land e. Songs f. Films g. Books

d. Land

To be patentable, an invention, discovery, process, or design must be:

novel, useful, and not obvious

In 2014, Sven writes his memoirs called My Life in Lapland. Sven does not register a copyright. Under federal copyright laws, Sven's book is:

protected for his life, plus 70 years.

Pierre has a radio show in the evening that he calls "Pierre in the PM" and he uses that label in print ads. Pierre most likely can register "Pierre in the PM" as a

service mark

GameBuilder, Inc., has an idea for a new massively multiplayer online game and assigns Tina the task of programming it, which she undertakes. Tina then quits, goes to work for a competitor, and takes the files she has developed. Under trade secrecy laws, GameBuilder, Inc., has protection for:

the information in the files and Tina's ideas for the game design.

Syrup Company creates a drink with coffee and chocolate and sells it under the name MochaMerge. Alpha Corporation starts selling a similar product under the name MokaMerge. This is most likely a matter of

trademark infringement

The white pages of a telephone directory cannot be copyrighted, but the yellow pages might qualify for copyright protection because the:

yellow page information is usually selected and arranged in an original way.