Legal Environment of Bus. Chapter 11 Smart Book

Blank 1: trade Blank 2: dress

A shape or color associated with a service or product is referred to as _______ ______.

it loses its distinctiveness

A trademark becomes generic if _____.

hold a hearing to resolve the objection.

As part of the trademark application process, the U.S. Patent and Trademark Office (PTO) places a proposed mark in the Official Gazette, which gives existing mark owners notice and allows them to object that the proposed mark is similar to their own. If existing mark owners object to the registration of a proposed trademark, the PTO will:

infringement

Civil violation of a patent or a trademark is termed ______.

The work must be original. The work must show some creative expression.

Identify the criteria necessary for copyright protection to occur. (Check all that apply.)

piracy

Large-scale copyright infringement is often referred to as _____.

trolls

Non-practicing patent owners who purchase patent rights simply to ensure that businesses pay to use the patents are known as patent _____.

the owner

Property makes a particular resource like a new discovery legally proper to _____.

ten

Though trademarks enjoy a potentially unlimited protection period, the trademark owner must renew the trademark registration every ______ years.

True

True or false: A trademark becomes generic when the mark becomes synonymous in the consumers' mind with the name of the goods or services.

True

True or false: An injunction orders those who have misappropriated a trade secret to refrain from telling others about it or using it.

False

True or false: In the context of copyright, fair use does not take into account copying for comment, news reporting, research, criticism, teaching, or scholarship.

True

True or false: When a patent owner threatens a lawsuit against someone for infringing his or her patent, the alleged infringer can challenge the validity of the patent in court or in the U.S. Patent and Trademark Office (PTO).

Property

What establishes a relationship of legal exclusion between an owner and other people regarding limited resources?

Misappropriation

_____ occurs when a person improperly acquires secret information through burglary, espionage, or computer hacking.

patent

A _______ is an inventive act, and conveys a right to exclude others from making, using, selling, or importing the covered invention

it attaches to the original expression of an idea

A feature of copyright is that _____.

cover subject matter more similar to copyrights

A feature of design patents is that they _____.

patents convey the right to exclude others from selling, using, making, and importing an invention

A fundamental concept in patent law is that _____.

registers the mark on the Principal Register

After the U.S. Patent and Trademark Office (PTO) determines a trademark acceptable, it _____.

they enjoy a potentially unlimited protection period

An aspect of trademarks is that _____.

injunction

An order by a judge either to do something or to refrain from doing something is known as a(n) _______.

Blank 1: trade Blank 2: secret

Any form of information or knowledge that has economic value from not being readily ascertainable by proper means or not being generally known to others and has been the subject of reasonable efforts by the owner to maintain secrecy is known as a(n) _____ ______.

requiring them to sign confidentiality contracts promising not to disclose protected information

Employers protect their trade secrets from their employees by _____.

have utility.

Except for patents issued on designs or plants, for an invention to be considered patentable, it is necessary for it to:

it is listed on the PTO's Supplemental Register for five years and acquires a secondary meaning

Generally, the U.S. Patent and Trademark Office (PTO) will not accept a person's name or a descriptive term for trademark protection on the Principal Register. However, a name or a descriptive term can achieve full trademark status and protection if _____.

A person can be liable for materially contributing to another's infringement with knowledge of the infringement.

Identify a true statement about copyright in the digital age.

They are authorized in the U.S. Constitution.

Identify a true statement about copyrights.

It relates to a criticism, parody, or discussion of the trademark, the product, or its owner.

Identify a true statement about the fair use of a registered trademark.

Reverse engineering a secret by examining the product in question

Identify an instance in which there is no misappropriation of information.

The mark is not distinctive in nature. There is little chance of public confusion by the use of a term marked by someone else. The use of the mark is a fair use.

Identify the basic defenses that a defendant can present to win a trademark infringement lawsuit. (Check all that apply.)

Acquiring information through espionage Disclosing information that one had a duty to keep secret

Identify the cases that constitute misappropriation of a trade secret. (Check all that apply.)

The invention must produce results that are unexpected or surprising to someone who has ordinary skill in the prior art. No single piece of prior art must meet all the elements of the invention's claims.

Identify the characteristics that an invention must have for it to be patentable. (Check all that apply.)

If the mark is similar to a mark currently used on similar related goods If the mark merely describes a service or product or is generic If the mark contains certain reserved or prohibited designs or names

Identify the circumstances in which the U.S. Patent and Trademark Office will deny a trademark registration. (Check all that apply.)

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

Identify the factors considered by a court in deciding whether a particular use of a copyrighted material is a fair one. (Check all that apply.)

It provides up to 10 years' imprisonment for individuals. It permits only the federal government to bring a case under it.

Identify the features of the Economic Espionage Act.

It prevents circumvention of access protections for products like computer software, compact disks, and videos. It prevents the marketing, production, or sales of a service or product designed to circumvent technological protections of computer software

Identify the provisions of the Digital Millennium Copyright Act. (Check all that apply.)

According to contemporary understanding, patents are firmly associated with inventive acts. Patents convey a right to exclude others from using, selling, making, or importing the covered invention.

Identify the true statements about patents. (Check all that apply.)

It permits civil remedies that include statutory damages, actual damages, and injunction for copyright violation. It can enforce up to 10 years' imprisonment for willful circumvention for financial gain. It protects Internet service providers from liability for illegal copies that pass temporarily through their systems.

Identify the true statements about the Digital Millennium Copyright Act.

Trademark rights come from the use of a mark in association with services or goods. Distinctiveness or recognizability is the function of trademarks.

Identify the true statements about trademarks. (Check all that apply.)

For some types of intellectual property, information is disclosed to the public in exchange for exclusive rights. The possibility of economic return on investment encourages firms to create more information than they otherwise would.

Identify the true statements related to intellectual property. (Check all that apply.)

It is protected by the Lanham Act. It is protected by the law from being copied as long as it is distinctive. It includes distinctive store decorating motifs.

Identify the various aspects of trade dress. (Check all that apply.)

It sets forth baseline rules for the protection of intellectual property in terms of enforcement, procedure, and subject matter. It requires that member countries provide protection for all forms of intellectual property.

Identify the various provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). (Check all that apply.)

By securing computer-stored knowledge with protective encryption and firewalls By imposing confidentiality restrictions on those who have contact with the firms By physically locking away written material

Identify the ways in which businesses can protect their trade secrets. (Check all that apply.)

promote, or give incentive to, the business production of what people need and want

In the context of the justification for intellectual property ownership, the U.S. Constitution recognizes that exclusive property boundaries _____.

Blank 1: service Blank 2: mark

In the context of the types of trademarks, a mark associated with a service, for example LinkedIn, is known as a(n) ______ ______.

Tans Corp., a global leather goods manufacturer, sues a local company for using the same brand name to sell fake leather shoes.

In the context of trademark dilution, identify a scenario that exemplifies blurring.

Fruity Chips, a cookies brand, objected when a liquor brand tried adopting its brand name as Fruity Dips.

In the context of trademark dilution, identify an example that illustrates tarnishment.

a public meaning that makes it distinctive

In the process of trademark registration, a name or descriptive term can achieve full trademark status and protection if it is listed in the U.S. Patent and Trademark Office's (PTO's) Supplemental Register and acquires a secondary meaning. In this context, the secondary meaning of a name or a descriptive term refers to _____.

Alex gains the trade secrets of his company through computer hacking.

In which of the following situations has misappropriation of information occurred?

The Patent Cooperation Treaty: It allows an applicant to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time. The Madrid System for International Registration of Marks: It permits trademark owners to pursue rights in several countries at the same time.

Match the treaties that protect international intellectual property rights (in the left column) with their provisions (in the right column). The Patent Cooperation Treaty The Madrid System for International Registration of Marks

Utility patents They apply to useful, functional inventions. Design patents They apply to the appearance of an article of manufacture, unrelated to its function.

Match the types of patents (in the left column) with their descriptions (in the right column). Utility Patents Design Patents

Blurring It occurs when a firm uses another trademark to make a famous mark less distinct. Tarnishment It occurs when a firm uses a trademark in a way that creates a negative impression about a famous company.

Match the types of trademark dilution that are recognized under the Federal Trademark Dilution Act (in the left column) with their descriptions (in the right column). Blurring Tarnishment

Trademark A word, picture, design, or mark that attaches to goods to indicate their source Certification mark A mark used by someone other than the owner to validate the quality of goods Collective mark A mark representing membership in a certain association or organization

Match the types of trademarks (in the left column) with their descriptions (in the right column). Trademark Certification mark Collective mark

It will render Peter's patent invalid against all future defendants.

Peter, the owner of a patent, accuses Jeremy of infringing his patent and threatens a lawsuit against him. Jeremy responds by challenging the validity of Peter's patent in court. What is the consequence of the court finding Peter's patent completely invalid?

similar to another's famous trademark

The Federal Trademark Dilution Act prohibits an individual or organization from using a mark that is _____.

a defendant violated the owner's exclusive rights to create derivative works

To make a case of copyright infringement, a copyright owner must establish that _____.

use the mark in interstate commerce

To register a trademark with the U.S. Patent and Trademark Office, one must _____.

protect employers' valuable knowledge

Trade secret law arose to _____.

identifying confidential knowledge-based resources

Trade secrets can be protected by _____.

True

True or false: The basic economic system of intellectual property is grounded in the idea of incentives.

False

True or false: The justification for ownership of intellectual property is different from that for the private property system.

True

True or false: The term "patent troll" suggests that non-producing patent owners do not contribute as much to the innovation environment compared to the costs imposed by their enforcement.

The adequacy of the application's explanations about the patent The scope of the proposed patent

Which of the following are assessed by a patent examiner who is assigned by the U.S Patent and Trademark Office (PTO) to consider a patent application? (Check all that apply.)

Both of them give property owners a monopoly over the right to exclude others from copying and marketing the property for a limited period of time.

Which of the following is a similarity between copyrights and patents?

It is illegal to make copies that violate the law.

Which of the following is true of copyright law in the digital age?

It makes it a crime to intentionally misappropriate trade secrets.

Which of the following is true of the Economic Espionage Act (EEA)?

A violator can infringe a trademark's property either unintentionally or willfully.

Which of the following is true of trademark infringement?

They are a form of intellectual property.

Which of the following is true of trademarks?

Explanations about how to make and use the basic invention Detailed descriptions of the subject matter that the inventor regards as the invention Reasons explaining why the invention is different from all previous and related inventions or state of knowledge

Which of the following should an application for a utility patent contain? (Check all that apply.)

there is often more than one patent to a product

While dealing with patent laws, it is important to realize that _____.

To protect the employer's trade secrets

Why would an employer require employees to sign confidentiality contracts promising not to disclose what they learn in confidence in the workplace?