Melvin Ch.50 Intellectual Property

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

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

Prosecuting a patent has the following major steps: _______. (Choose all that apply)

A. database search B. nonprovisional application C. provisional application

Which of the factors do courts use in determining whether information is a trade secret?

A. efforts to maintain trade confidentiality among employees and third-party vendors B. amount invested to develop the information C. the value of the information to competitors

_______ 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

________ 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."

Lanham

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

Misappropriation: The improper acquisition or disclosure of a trade secret.

True or false: Like copyright, registration of a mark is automatic.

NO, registration of a mark is not automatic. The mark holder has to submit to an approval process at the USPTO.

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

No, courts have developed the "substantial similarity standard" which means a copyright holder need only prove that the infringer copied enough elements to make the infringing work substantially similar to the copyrighted work.

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

The ______ case held that business methods are patentable as long as they accomplish something practically useful in a novel and _______ way.

State Street Bank, nonobvious

_______ 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, if an invention can be relatively easily reverse engineered, a patent would be the best option.

True or false: In the In re Tam case, the U.S. Court of Appeals for the Federal Circuit held that Section 2a of the Lanham Act violated the 1st Amendment and was unconstitutional.

True/YES, in the In re Tam case, the U.S. Court of Appeals for the Federal Circuit held that Section 2a of the Lanham Act violated the 1st Amendment and was unconstitutional.

True or false: In the In re Tam case, the U.S. Court of Appeals for the Federal Circuit held that Section 2a of the Lanham Act violated the 1st Amendment and was unconstitutional.

YES, in the In re Tam case, the U.S. Court of Appeals for the Federal Circuit held that Section 2a of the Lanham Act violated the 1st Amendment and was unconstitutional.

The patent statute delineates the guidelines for a novelty standard as follows: _______. (Choose all the correct answers)

a. filing within a reasonable time b. priority for inventors c. public use

UTSA (uniform trade secrets act)

anyone who misappropriates a trade secret is liable to the owner for actual damages, unjust enrichment, and reasonable royalty

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

appearance

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

bribery, breach of contract, theft

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

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

creativity, originality, fixed in a durable medium

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

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 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

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

ideas, concepts, discoveries

One can apply for federal trademark in commerce so long as the mark is being used in commerce _______.

in more than one state

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

The State Street Bank case provided a road map for the emerging _______ community to plan business models in such a way as to be eligible for patent protection.

internet business

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

literal infringement, equivalence

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

methods, inventions, ideas

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)

misappropriating, using

The concept of ______ means that an invention or process must be unique and original, and a patent applicant must show that no other identical invention or process exists.

novelty

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, tangible

Patent laws also protect inventors of any new, ________, and _______ design for an article of manufacture. (Choose two correct answers)

ornamental, original

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.

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

When filing for a new invention, a database is searched to ensure that "_______" is not found - that is a similar invention is not protected by an existing patent or technical disclosure

prior art

The application process for patents is called __ a patent, which typically has three major stages.

prosecuting

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, utomatically

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

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

sell the work, reproduce the work, adapt the work

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 noninfringing uses

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.

tarnishment

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

tarnishment, blurring

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.

trade secrets

A(n) _______ is a nonfunctional, distinctive word, name, shape or symbol that helps consumers to distinguish one product or service from another.

trademark

Holders acquire rights to trademark protection either through (1) _______ or (2)_______. (Choose two correct answers)

use in commerce, federal registration

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, plant, design

Intentional patent infringement is referred to as _______ patent infringement and merits higher damages due to bad behavior.

willful