BUS LAW Ch. 8

The holder of a utility patent may protect their rights for:

20 years from the date they apply for the patent.

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is:

to bring copyright laws into the digital age by regulating digital media copyright infringement.

The first sale doctrine:

allows a person who owns a lawfully made copy of a copyrighted work to sell the copy.

a mark can be registered

1. if it is currently in commerce or 2. if the applicant intends to put it into commerce within six months.

A U.S. citizen who writes a book in the United States automatically has copyright protections in other signatory countries under which agreement?

The Berne Convention

Which of the following types of trademarks are in the correct order, from highest protection to lowest protection?

fanciful, arbitrary, suggestive, descriptive, generic

patent

A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period.

service mark

A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others. Titles, character names, and other distinctive features of radio and television programs may be registered as service marks.

trade name

A term that is used to indicate part or all of a business's name and that is directly related to the business's reputation and goodwill. Trade names are protected under the common law (and under trademark law, if the name is the same as the firm's trademark).

Dakota's series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that for her. When Antwone researches that issue for Dakota, he will discover that:

Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention.

license

In the context of intellectual property, a contract permitting the use of a trademark, copyright, patent, or trade secret for certain purposes. In the context of real property, a revocable right or privilege of a person to come on another person's land.

trade secret

Information or a process that gives a business an advantage over competitors who do not know the information or process.

Which of the following qualifies for protection under the first sale doctrine?

Lucia purchases a book and later resells it to her friend.

An author may expect to receive copyright protection for the life of the author plus:

70 years

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. Examples of collective marks include the labor union marks found on tags of certain products and the credits of movies, which indicate the various associations and organizations that participated in the making of the movies.

certification mark

A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods or services. Examples of certification marks include the "Good Housekeeping Seal of Approval" and "UL Tested."

Under the TDRA, to state a claim for trademark dilution, a plaintiff must prove the following:

1. The plaintiff owns 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 or harm its reputation.

Which of the following types of intellectual property may only be owned by a business?

a trade secret

The TRIPS Agreement does which of the following? Choose 2 answer choices.

1. requires members of the WTO to have laws and remedies protecting intellectual property rights 2. establishes standards for protection of intellectual property

trademark

A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established (under the common law or through registration), the owner is entitled to its exclusive use.

Which international agreement requires its member countries to establish border procedures for searching international shipments of goods?

Anti-Counterfeiting Trade Agreement

intellecutal property

Property resulting from intellectual, creative processes. Patents, trademarks, and copyrights are examples of intellectual property.

dilution

With respect to trademarks, a doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses regardless of a showing of competition or a likelihood of confusion. Congress created a federal cause of action for dilution in 1995 with the passage of the Federal Trademark Dilution Act.

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection?

patent protection

copyright

The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship, including computer programs.

trade dress

The image and overall appearance of a product—for example, the distinctive decor, menu, layout, and style of service of a particular restaurant. Basically, trade dress is subject to the same protection as trademarks.

Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family's recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Because Benita's main concern is protecting the recipe from being revealed to anyone else, Benita's best approach is to treat the family fried gordita recipe as a:

trade secret.

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a:

trademark

Patentability requires the invention be:

novel, non-obvious, and useful.

The earliest international agreement that provided copyright protections among the signatories to the agreement was the:

Berne Convention.

Which of the following types of intellectual property protection usually has a set term of 20 years?

patent

For an original work of authorship, such as a book, song, poem, article, recording, or other work, an author would seek the protection of a:

copyright.

A business will be able to protect its trademark for how long?

if unregistered, as long as it is in use

The Lanham Act:

protects the rights of trademark holders.

Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic that they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and so Monica will be the only one who can sell it. Monica likes the idea of making a lot of money by selling her cleaning solution, but she does not want to give up her secret ingredient. If Monica applies for and receives a patent on the cleaning solution:

she must reveal the formula, but has the sole right to produce and sell it for twenty years.

Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated:

the Digital Millennium Copyright Act.

You've spent the last eighteen months writing a how-to book for entrepreneurs who want to establish their own business. As you put the final editing touches on the book, you start thinking about how you can protect your book, and how you can make sure you receive the profit from it. What do you think you should do to make sure only you can profit from your work? How long do you think the protection for your book will last?

-Nothing; copyright protection happens automatically once the work is in tangible form. -as long as you live, plus seventy years

Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe's friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital "product" to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has:

committed copyright infringement because her actions are not permissible under the first sale doctrine.