BUS LAW SB chap 8

Federal registration of a trademark lasts for _____ years, with renewals for additional ____-year periods possible. Multiple choice question. 20, 5 10, 20 10, 10 10, 5

10, 10

Until a change in federal law during the mid-1990s, a patent normally gave the patentee exclusive rights regarding the patented invention for ________ years from the date the patent was granted. Multiple choice question. 10 50 25 17

17

The Copyright Term Extension Act added _________ years to the duration of copyrights, not only for works created after the CETA's enactment but also for any preexisting work that was still under valid copyright protection as of the CETA's 1998 effective date. Multiple choice question. 20 47 75 67

20

__________ may occur through an express statement or agreement but the mark may lose its significance as an indication of origin or through the owner's failure to use it. Multiple choice question. Trade dress Trademark dilution Abandonment Generic licensing

Abandonment

Identify three works protected by copyright law: _______, _______, and _______. (Choose three correct answers.) Multiple select question. Books Processes Motion pictures Products Musical compositions

Books Motion pictures Musical compositions

The enactment of the __________ in 1998 conferred a substantial benefit on copyright owners. Multiple choice question. Fair Use Act Copyright Term Extension Act Digital Millennium Copyright Act Copyright Remedy Clarification Act

Copyright Term Extension Act

What is one of main benefits of patents for inventors? Multiple choice question. Access to information about the invention Prevention of monopoly in the market Exclusive rights to use the invention Encouragement of competition in the market

Exclusive rights to use the invention

In order to bring the United States into compliance with the ______, the US Congress revised the patent law. Multiple choice question. Multilateral Agreement on Investment General Agreement on Tariffs and Trade International Investment Agreement Agreement on Technical Barriers to Trade

General Agreement on Tariffs and Trade

______ occurs when a copyright owner's exclusive rights are violated. Multiple choice question. Informed assent Arraignment Apportionment Infringement

Infringement

_________ normally is a procedural prerequisite to filing a suit for copyright __________. (Choose two correct answers) Multiple select question. Creation Infringement Registration Certification

Infringement Registration

The _________ Act protects trademark owners against certain uses of their marks by third parties. Multiple choice question. Sarbanes-Oxley Glass-Steagall Uniform Partnership Lanham

Lanham

Of the scenarios below the one that best illustrates work-for-hire would be _________. Multiple choice question. Ethan, who wants to publish the political satire cartoons he created for his blog. Simon, who intends to sell the landscapes he painted during a recent holiday. Sarah, who likes to contribute the revenue from the sale of her book toward improving the health care system in her country. Laura, who agrees to compose the background score for an advertisement Lance has produced.

Laura, who agrees to compose the background score for an advertisement Lance has produced.

Mark, a painter, signs an agreement with Lynch, a hotelier, to create paintings that will be displayed in Lynch's hotel. Assuming these facts, which of the following statements best describes the ownership of copyright for the paintings created by Mark? Multiple choice question. Neither Lynch nor Mark owns the copyright. Mark owns the copyright. Lynch owns the copyright. Lynch and Mark share ownership of the copyright.

Lynch owns the copyright.

__________ owns the trade secret that was developed by an employee for her employer. Multiple choice question. The employer The employee Both the employer and the employee Neither the employer nor the employee

The employer

__________ owns the trade secret that was developed by an employee for her employer. Multiple choice question. The employer The employee Neither the employer nor the employee Both the employer and the employee

The employer

Mayo Brothers Inc., a research think tank, invents a new chemical that they intend to keep away from the public due to its hazardous potential. Assuming these facts, which of the following forms of protection is most likely to help them achieve this goal? Multiple choice question. Copyrights Trade secrets Patents Trademarks

Trade secrets

Congress passed the Federal __________ Act of 1996, which was placed in the Lanham Act as § 43(c). Multiple choice question. Trademark Dilution Trademark Protection Trademark Infringement Pattent Dilution

Trademark Dilution

________ help purchasers identify favorite products and services. Multiple choice question. Trade secrets Patents Trademarks Copyrights

Trademarks

Two of the following are protected by copyright law, they are: ________, and _________. (Choose two correct answers.) Multiple select question. a journalist's use of expression an author's idea a journalist's use of facts an author's phrasing

a journalist's use of expression an author's phrasing

A patent is an agreement between __________. Multiple choice question. the market and its consumers the consumers and an inventor an inventor and the federal government the federal government and the consumers

an inventor and the federal government

Choose two of the following that can be protected as trade secrets: __________ and __________. (Choose two correct answers) Multiple select question. published literature brand identity computer softwares manufacturing processes

computer softwares manufacturing processes

Because the likelihood of __________ determination is critical to resolution of trademark infringement cases, the __________ case listed various factors the court considered. (Choose two correct answers) Multiple select question. confusion Kibler transparency Knobler

confusion Kibler

A copyright comes into existence upon the ________. Multiple choice question. application for a copyright by the owner creation and fixing of a protected work presentation of the work to the public registration of the copyright with the U.S. Copyright Office

creation and fixing of a protected work

Freshjuice is a brand of bottled juice that has established its identity in the minds of its consumers. In the context of marks, this is most likely to be classified as a(n) __________. Multiple choice question. fanciful mark descriptive mark arbitrary mark suggestive mark

descriptive mark

Three things NOT protected by copyright law, are: _______, ________, and ________. (Choose three correct answers) Multiple select question. discoveries books procedures dramatic compositions principles

discoveries procedures principles

Of the followings cases, the one least likely to obtain a patent is the one in which Ralph ____________. Multiple choice question. designs a unique machine. invents an innovative process to produce glue. discovers a species of reptiles. introduces a new chemical compound.

discovers a species of reptiles.

Trademarks must be _________ to merit maximum Lanham Act protection. Multiple choice question. impressionable accessible inclusive distinctive

distinctive

What three factors did Congress consider in deciding who would be good candidates for the fair use provision? (Choose three correct answers) Multiple select question. accessibility of the work effect of the use purpose and character of the use reach of the work nature of the copyrighted work

effect of the use purpose and character of the use nature of the copyrighted work

Under the Copyright Act, Congress welcomed a case-by-case nature of the inquiry that makes fair use determinations highly ________. Multiple choice question. moral fact-specific infringing protected

fact-specific

In the context of copyright law, the _______ recognizes that the social purposes present in certain use of copyrighted material may be important enough to excuse the defendant's uses of the works without permission. Multiple choice question. functionality doctrine fair use doctrine internal affairs doctrine independent source doctrine

fair use doctrine

Once an applicant's claims have been rejected twice by the Patent office and then the appeal by the Patent and Trademark Appeals Board (PTAB), the applicant may now appeal to the: Multiple choice question. federal court. judicial conference. state court. judicial council.

federal court.

A mark acquires a(n) __________ when it refers to a class of products or services rather than a particular source's product or service. Multiple choice question. generic meaning diluted meaning abandoned meaning infringing meaning

generic meaning

Copyright ownership initially resides: ___________ mult. choice depends on the court's decision in the creator of the copyrighted work in the U.S. Copyright Office first-one-to-file

in the creator of the copyrighted work

Patent __________ occurs when a defendant, without authorization from the patentee, usurps the patentee's rights by making, using, or selling the patented invention. Multiple choice question. monetization infringement troll retaliation

infringement

Although trademark __________ the traditional legal theory employed when a mark owner seeks legal relief against one who used the mark without the owner's consent, trademark __________ sometimes serves as an alternative to the standard claim. Multiple choice question. dilution, infringement infringement, dilution trade secret, dilution dilution, protection

infringement, dilution

Identify three conditions that prove copyright infringement the _______, _______, and _______. (Choose three correct answers) Multiple select question. defendant applied for copyrights. is substantial similarity between the two works. is a structural difference between the two works. defendant engaged in enough copying. defendant has access to the copyrighted work.

is substantial similarity between the two works. defendant engaged in enough copying. defendant has access to the copyrighted work.

The Patent Act does not allow for the patent for __________. (Check TWO correct answers) Multiple select question. laws of nature pathological processes nonobvious natural events natural phenomena

laws of nature natural phenomena

According to the Patent Act, the making of an item that would infringe a United States patent will not constitute infringement if the item is __________. Multiple choice question. inferior in quality intended for personal use made in another country of lower economic value

made in another country

The _________ is eligible to apply for a trademark. (Choose one correct answer) Multiple choice question. story of plays name of organizations tune of songs method of producing goods

name of organizations

In a(n) ____________ agreement, an employee agrees not to compete with the employer (or accept employment with a competitor of the employer) for some period of time after the employment relationship ends. Multiple choice question. interference with prospective advantage commercial tort trade secret noncompetition

noncompetition

By definition, trade secrets are __________. Multiple choice question. sequestered public reasonably secret nonpublic

nonpublic

The __________ requirement to patent inventions contemplates that it be new and truly different from what has gone before in the relevant field of inventive activity. Multiple choice question. availability utility novelty accessibility

novelty

Unlike inventions protected by patent law, copyrightable works need not satisfy the __________ requirement. Multiple choice question. accessibility novelty creativity originality

novelty

A copyright owner(author) has all three of the following rights: _________. (Choose three correct answers) Multiple select question. prepare derivative works based on the work prevent infringers from filing suit against the author distribute copies of the work by sale reproduce the copyrighted work

prepare derivative works based on the work distribute copies of the work by sale reproduce the copyrighted work

Noncompetition agreements go well beyond the clearly important and legally recognized interest in _________. Multiple choice question. copyrighted works preserving trade secrets patented inventions non-interference with business

preserving trade secrets

Stefan, a journalist, writes an article that was commissioned by his publisher. Assuming these facts, the best example below that describes the ownership of copyright for the article written by Stefan would be that the: Multiple choice question. journalist is the copyright owner. publisher and the journalist share ownership of the copyright. publisher and the journalist are the copyright owners. publisher is the copyright owner.

publisher is the copyright owner.

Stefan, a journalist, writes an article that was commissioned by his publisher. Assuming these facts, the best example below that describes the ownership of copyright for the article written by Stefan would be that the: Multiple choice question. publisher and the journalist share ownership of the copyright. journalist is the copyright owner. publisher and the journalist are the copyright owners. publisher is the copyright owner.

publisher is the copyright owner.

Congress referred to the professions of _______, _______, and _______ as good candidates for the use of fair use protection. (Choose three correct answers) Multiple select question. researchers advertisers news reporters teachers bankers

researchers news reporters teachers

Even when employees own trade secrets, the employer may still obtain a royalty-free license to use it through the ____________ doctrine. Multiple choice question. first-sale shop right fair use public trust

shop right

A patent application must include a specification describing the invention with _________ and clarity to enable a person skilled in the _________ to make and use the invention. (Choose two correct answers) Multiple select question. relevant field patent field reasonable certainty sufficient detail

sufficient detail relevant field

The three circumstances that make inventions NOT patentable are: _______, _______, or _________. (Choose three correct answers.) Multiple select question. the invention is hazardous. the invention lacks market potential. the invention has no utility. the invention lacks novelty the invention is obvious.

the invention has no utility. the invention lacks novelty the invention is obvious.

A(n) __________ can be defined as any secret formula, pattern, process, program, device, method, technique, or compilation of information used in the owner's business, if it gives its owner an advantage over competitors who do not own it or use it. Multiple choice question. copyright trademark patent trade secret

trade secret

The Lanham Act defines a(n) ________ as any word, name, symbol, device, or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of the competitors. Multiple choice question. trademark certification mark service mark collective mark

trademark

A(n) __________ is infringed when, without the owner's consent, another party uses a __________ mark in connection with the sale of goods or services and this use is likely to cause __________ in a third party. (Choose three correct answers) Multiple select question. substantially similar trademark protection PTO listing confusion

trademark substantially similar confusion

One of the main benefit of patents for governments is _________. Multiple choice question. the exclusive rights to use the invention unique access to information about the invention the encouragement of competition in the market the prevention of monopoly in the market

unique access to information about the invention

A copyright owner may transfer a portion of her ownership rights: ___________. Multiple choice question. without infringing on the work but will lose most of her remaining rights to ownership without losing ownership of any of her remaining rights but will lose all of her remaining rights to ownership

without losing ownership of any of her remaining rights

The government must cancel a registration ________ years after its date unless the registrant files with the Patent and Trademark Office. Multiple choice question. ten (10) five (5) six (6) two (2)

six (6)