Ch. 11 MC Examples

The duration of a copyright granted to a known individual, not a work done for hire, will be

the life of the author plus 70 years

What are four defenses to patent-infringement claims?

1. noninfringement 2. invalidity of the patent 3. misuse of the patent 4. innocent infringement

A ___ placed on a product indicates that the product has met the certifier's standards of safety or quality.

Certification mark

The federal trademark act is known as the ___ Act.

Lanham

When an idea and its expression are inseparable, the ___ doctrine dictates that the expression is not copyrightable.

Merger

A defendant is not liable for trademark infringement if its use is ___ use, meaning that it uses the mark to talk about the mark itself.

Nominative

The term ___ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers, rather than to manufacture a patented product or supply a patented service.

Patent troll

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

Productive

A descriptive mark that is initially unavailable for protection can still become protectable if it acquires ___ meaning.

Secondary

A ___ is used in conjunction with services.

Service mark

Which of the following is not a type of U.S. patent: plant, design, service, utility?

Service patent

Which of the following is not a part of a patent application: specifications, claims, drawings, declaration of prior art?

The declaration of prior art

The ___ doctrine provides that copyright protection does not extend to the useful application of an idea.

Useful article

A design dictated by function may be protected by a(n) ___ patent.

Utility

What are the four basic types of intellectual property?

1. patents 2. copyrights 3. trademarks 4. trade secrets

A ___ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

Arbitrary

The practice of ___ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.

Cybersquatting

When may a defendant be held liable for vicarious copyright liability?

When the defendant has the right and ability to control the infringer's acts and receives direct financial benefit from the infringement.

A ___ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

Fanciful

Under the ___ use doctrine, under certain circumstances, a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting, education, scholarship, or research.

Fair

The defense of ___ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

Nominative use