Business Law CH 24 Worksheet

Which of the following are benefits of registering a trademark? Select all that apply. a. It allows for higher damages for infringement than under common law. b. No one may challenge the mark. c. It makes the mark valid nationally. d. It notifies the public that the mark is in use. e. It makes the mark valid locally. f. The holder of the mark automatically receives royalties whenever the mark is used in the country.

-It notifies the public that the mark is in use -It allows for higher damages for infringement than under common law. -It makes the mark valid nationally.

A utility patent would not protect which of the following? Select all that apply. a. Mechanical invention b. Chemical invention c. Electrical invention d. Composition of matter e. Natural process f. Machine g. Design of a product h. Asexually reproducible plant

-Natural process -Asexually reproducible plant -Design of a product

An invention must be which of the following to receive a patent? Select all that apply. a. Novel b. Patentable subject matter c. Useful d. A design e. Nonobvious f. Business method g. Previous sales or other evidence of commercial appeal h. Originating in nature i. Plant j. Process

-Patentable subject matter -Novel -Nonobvious -Useful

Which of the following purposes is a court likely to find is covered by the fair use doctrine? Select all that apply. a. Reporting b. Promoting greater access to the work c. Name recognition d. Education e. Profit enhancement f. Parody

-Reporting -Parody -Education

Which of the following are reasons that a trademark would NOT be legally valid? Select all that apply. a. The mark is not a creative symbol, but rather a description of the product. b. The mark has no relationship to the product. c. The mark is not appealing to consumers. d. The mark is a surname. e. The mark is offensive or immoral. f. The mark is the same as the generic name for the product. g. The mark is too similar to an existing trademark.

-The mark is a surname -The mark is the same as the generic name for the product -The mark is too similar to an existing trademark. -The mark is offensive or immoral

The Digital Millennium Copyright Act makes it illegal to: (select all that apply) a. encrypt or scramble copyrighted work. b. circumvent encryption or scrambling devices on copyrighted work. c. sell parodies of music on the internet. d. distribute copyright information electronically. e. delete copyright information or distribute false copyright information.

-circumvent encryption or scrambling devices on copyrighted work -delete copyright information or distribute false copyright information

A court may order that a copyright infringer: (select all that apply) a. not to commit any further violations. b. destroy the infringing material. c. spend time in jail. d. pay damages, profits earned, and attorney's fees to the author. e. publish a written apology. f. be banned from applying for copyrights in the future.

-not to commit any further violations -destroy the infringing material -pay damages, profits earned, and attorney's fees to the author

A patent holder has the right to prohibit others from using the patented invention, but cannot recover money damages for patent infringement. (T/F)?

False

Business methods are generally patentable, but the courts have developed a complex system of qualifications that limit the availability of business method patents. (T/F)?

False

The Economic Espionage Act of 1996 makes a person civilly liable for attempting to steal trade secrets for the benefit of someone other than the owner.

False

In 2008, Morgan invents a new kind of clasp for bracelets that makes them easier to put on using one hand and begins selling them locally. In 2010, a major jewelry manufacturer sees one of Morgan's clasps and begins producing and selling them on a large scale and at a lower price than Morgan's. If Morgan files for a patent on her clasp, will her application be approved?

No, because Morgan did not file within one year of her first sale of her invention

Sally conceives of a zero-point gravity machine, which can power cars, air-condition homes, and even cities. Can Sally obtain a patent on her idea?

No, unless she first makes some tangible form of the machine.

Which of the following is not a right included with the issuance of a federal patent?

Right to prevent the patented process or design from ever being used.

A copyright in the U.S. is valid until 70 years after the death of the work's last living author. If the author is a corporation, a copyright is valid for 95 years from publication or 120 years from creation, whichever is shorter. (T/F)?

True

A person or company that misappropriates a trade secret is liable to the owner for a reasonably royalty

True

The holding in Diamond v. Chakrabarty established that living organisms are patentable as long as they were created or significantly modified from their natural form by human intervention. (T/F)?

True

Trademark

affixed to goods in interstate commerce

A work becomes copyrighted:

automatically when it is put into a tangible form.

A trade secret is a formula, device, process, method, or compilation of information that, when used in ____________, gives the owner an advantage over ____________ who do not ______________ the information. In addition to considering the competitive advantage, a court will consider whether the information was ______________, and _______________ (and/or expensive) to obtain, when determining whether something is a trade secret. Another important consideration is whether the company made ____________ to protect it.

business competitors know readily available difficult reasonable efforts

Fanciful mark

entirely made-up word

Arbitrary mark

existing word that does not describe the product

The _____________ is an important exception to the limited use of copyrighted material without permission of the author

fair use doctrine

To qualify as a trade secret, the information must be a company's particular secrets, not

general secrets of the trade in which the company is engaged

Collective mark

identifies members of an organization

Service mark

identifies services

Suggestive mark

indirectly describes the product's function

The first sale doctrine allows a person who ___________ owns a copy of _______________ work to ______________ or otherwise dispose of that copy. The first sale doctrine does not allow the owner to ____________ and sell the work.

lawfully copyrighted sell copy

One of the requirements for a patent is that the invention be new, or _____________. An invention will not satisfy this requirement if it has already received a ______________ or been described in a printed publication, unless the publication was made by __________ in the year before filing the patent application. In addition, if the invention was in public use, on ____________ , or otherwise available to ___________ elsewhere in the world, the invention is not patentable.

novel patent the inventor sale the public

Trademark Law Treaty

simplifies and harmonizes the process of applying for trademarks around the world

Paris Convention

six-month grace period to file in other countries with the same original filing date once registering in a signatory country

One of the ways a trademark owner can prove infringement is by establishing that others have used the mark in a way that

tarnishes the mark by association with unwholesome goods or services

A copyright protects

the author's tangible expression of an idea

When considering whether a use of copyrighted work is protected by the fair use doctrine, a court will consider not only how much of the work is used, but whether the part used is

the most important part of the work

One of the benefits of the Patent Cooperation Treaty (PCT) is

the option to receive an "international search report" that provides evidence of the patentability of the invention to accompany patent applications in member countries

Madrid Agreement

trademark registered with international registry is valid in all signatory countries

Certification mark

word or symbol used by person or organization to attest that products meet certain standards