Mindtap Chapter 8

A

Most state laws with respect to protection of information of a commercial value are based on the A. Uniform Trade Secrets Act B. Uniform Commercial Code C. Uniform Trademark Act

service mark

Pierre has a radio show that he calls "Pierre in the PM" and he uses that label in print ads. Pierre can most likely register "Pierre in the PM" as a __________

20 (A patent is a gvt grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period)

A patent for an invention lasts _____ years

C (unlike copyright and trademark protection, protection of trade secrets extends both to ideas and their expression)

Gamebuilder Inc has an idea for a massive multiplayer online game and assigns Tina the task of programming it, which she undertakes. Tina then quits, goes to work for a competitor, and takes the files she has developed. Under trade secrecy laws, Gamebuilder Inc has protection for: A. Only the information contained in the files for the new game B. none of the information or programming files C. the information in the files and Tina's ideas for the game design

C

In 1980, Congress passed the _________, which amended the Copyright Act to include computer programs A. Copyright Extension Act B. Copyright Addition Act C. Computer Software Copyright Act D. Computer Extension Copyright Act

Anti-Counterfeiting

In 2011, a number of nations signed the _________ Trade Agreement to combat piracy and counterfeiting

C

In 2014, Ryan writes his memoirs called "My Life." Ryan does not register a copyright. Under federal copyright laws, Ryan's book is A. protected forever B. is not protected C. protected for his life, plus 70 years

B

The most important statutory protection for trademarks is A. Leghy Act B. Lanham Act C. Larman Copyright Act

B (the white pages are residents that are presented in alphabetical order so its not copyrightable)

The white pages of a telephone directory cannot be copyrighted, but the yellow pages might qualify for copyright protection because the: A. yellow pages only deal with businesses B. yellow page information is usually selected and arranged in an original way C. yellow pages are presented in alphabetical order

A

To be patentable, an invention, discovery, process, or design must be: A. novel, useful, and not obvious B. creative, beneficial, and inexpensive C. technological, not obvious, and common

true

True or False In determining "fair use" of copyrighted material, the effect of that use upon the potential market for or value of the copyrighted work is often the most important factor for the courts to consider

certification mark, service mark, collective mark

1. _________: A mark used by one or more persons, other than the owners, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods or services. 2. _________: A mark used in the sale or advertising of services, such as to distinguish the services of one person from the services of others 3. _________: 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

famous, diluting, association, impair, distinctiveness, reputation

Choose: diluting, association, impair, famous, reputation, distinctiveness Under the Trademark Dilution Revision Act, to state a claim for trademark dilution, a plaintiff must prove that 1. The plaintiff owns a ________ mark that is distinctive 2. The defendant has begun using a mark in commerce that is allegedly _________ the famous mark. 3. The similarity between the famous mark and the defendant's mark gives rise to an ________ between the marks. 4. The association is likely to ______ the __________ of the famous mark or harm its __________

trademark infringement (A trademark must be sufficiently distinct to enable consumers to identify the manufacturer of the goods easily and to distinguish between those goods and competing products. Consumers may confuse MochaMerge and MokaMerge products so this is a trademark infringement)

Syrup Company creates a drink with coffee and chocolate and sells it under the name MochaMerge. Alpha Corporation starts selling a similar product under the name MokaMerge. This is a matter of _________

B

The Lanham Act largely governs ________ in the US A. Copyright Law B. trademark law C. patent law D. all of the above E. more than one of the above, but not all

Madrid

The _______ Protocol allows a US company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered

TRIPS

The ________ Agreement established standards for international protection of patents, trademarks, and copyrights

false (trade dress is subject to the same protection as trademarks. A major consideration in trade dress infringement cases is whether consumers are likely to be to be confused by the allegedly infringing use)

True or false: A chain of fast food restaurants uses the same distinct colors, furniture, labels, logos, and employee uniforms. This unique ambiance is known as trade dress, which is not as good as trademark protection. _______

Berne Convention

Under the ______________, when a US citizen writes a book, every signatory to that convention recognizes the US author's copyright

A

Which of the following is NOT a trade secret? A. a marketing logo B. production methods C. pricing information D. customer lists

D (intellectual property is property resulting from creative, intellectual processes; land is not resulting from the mind)

Which of the following is unrelated to the concept of intellectual property? A. architectural plans B. songs C. apps D. land E. films F. books G. poems

e (the name is too generic)

Which of the following will likely not obtain trademark protection? A. X'perience B. Zanatol C. Fastzetropa D. DreeReter E. Fast Speed F. Elostella

B

________ is NOT copyrightable A. a painting B. an original idea C. a novel

false

true or false: Because there is no contract between an outsider who steals confidential business data by industrial espionage, there can be no violation of trade secrets

false (trade secrecy laws)

true or false: If a business process and information relating to that process cannot be patented, copyrighted, or trademarked against appropriation by competitors, there is nothing that a business can do

false (A Copyright is an intangible property right, meaning that you cannot touch or feel it)

true or false: A Copyright is an intangible property right, meaning that you can touch or feel it

false (Section 109- a of the Copyright Act states that an owner of a particular copy is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy)

true or false: Because the Copyright Act has a first-sale doctrine, once you buy a book, you are NOT allowed to resell it

true

true or false: Following the America Invents Act (2011), the first person to file a patent application receives patent protection

true, false

true or false: Silverado Foods Inc wants to obtain trademark protection for a product it sells under the name of Salad Dressing, but it will be unable to do so because the phrase is generic. ________ A color scheme can never qualify for trademark protection. ________

false (once a trade secret is revealed, it is no longer a trade secret)

true or false: Under all circumstances, the duration of trade secrets is forever

true

true or false: a trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods

false

true or false: patent infringement is a crime

true (a tradename is used to indicate part or all of a business's name and that is directly related to a firm's reputation and goodwill)

true or false: unless a trade name is used as a trademark or service mark, it cannot be registered with the federal government