B-Law Chapter 7

The most important statutory protection for trademarks is the:

Lanham act

intellectual property

Property resulting from intellectual and creative processes.

5 categories to determine a marks strength

Strongest: fanciful & arbitrary marks middle: suggestive marks weakest: descriptive and generic marks

There are several remedies available to a copyright owner for copyright infringement. Select three of them from this list:

- injunction - criminal penalties - damages

trade name

A name that a business uses to identify itself and its brand. A trade name is directly related to a business's reputation and goodwill, and is protected under trademark law.

patent

A property right granted by the federal government that gives an inventor an exclusive right to make, use, and sell an invention for a limited time.

service mark

A trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.

trademark dilution

The unauthorized use of a distinctive and famous mark in a way that impairs the mark's distinctiveness or harms its reputation.

In 1980, Congress passed the __________________, which amended the Copyright Act to include computer programs.

computer software copyright act

If someone uses a small amount of a copyrighted work for a nonprofit, educational purpose, it may be a legal use under the ______________ doctrine.

fair use

A color scheme can never qualify for trademark protection: true or false

false

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

false

If a business process (and information relating to that process) cannot be patented, copyrighted, or trademarked, there is nothing a business can do to protect it: true or false

false

Infringement of a trademark requires intent to infringe, as well as federal registration: true or false

false

The first sale doctrine states that once a copyrighted work is sold, it may be resold only with the permission of the original owner: true or false

false

suggestive trademark

indicate something about a product's nature, quality, or characteristics without describing the product directly

Arbitrary trademarks

involve common words not ordinarily associated with the product. Ex: apple

fanciful trademarks

involve invented words

Which of the following is NOT a category of trade secret?

marketing logo

To be patentable, an invention, discovery, process, or design must be:

novel, useful, and not obvious

general rule

only those trademarks that are sufficiently distinctive from all competing trademarks will be protectedSecondary meaning:

Under federal copyright laws, a single-authored book is:

protected for the author's life plus seventy years.

fanciful & arbitrary marks

receive automatic protection because they serve to identify a particular product's source, as opposed to describing the product itself

generic terms

refer to an entire class of products, such as bicycle and computer, receive no protection, even if they acquire secondary meanings

Most state laws with respect to protection of information of a commercial value are based on the:

uniform trade secrets act

copyright infringement

whenever the form or expression of an idea is copied

While an alphabetical listing of phone customers cannot be copyrighted, the yellow pages and advertising sections of a phone book may be copyrightable because the:

yellow page information is selected and arranged in an original way.

A mark may be registered as a trademark with the federal government if it meets one of two criteria. Select the two correct criteria

- If it is intended to be in use in commerce within six months - If it currently is being used in commerce

a patent for an invention lasts for:

20 years

trademark

A distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others.

trade secret

A formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace.

collective mark

A mark used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.

certification mark

A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.

license

An agreement by the owner of intellectual property to permit another to use a trademark, copyright, patent, or trade secret for certain limited purposes.

copyright

The exclusive right of an author or originator of a literary or artistic production to publish, print, sell, or otherwise use that production for a statutory period of time.

trade dress

The image and overall appearance of a product.

__________ is not copyrightable

an original idea

Suggestive Trademarks

bring to mind something about a product without describing the product directly

The distinctive color, furniture, labels, logos, and employee uniforms that might be used by a company are known as its:

trade dress

A trade name may be protected under trademark law and may be registered with the federal government so long as it is also used as a trademark or service mark: true or false

true

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

true

In determining whether a use is "fair use" of copyrighted material, the effect of that use upon the potential market for the work is often the most important factor: true or false

true

Subsequent to the America Invents Act of 2011, the first person to file a patent application receives patent protection: true or false

true

Widely known facts and common sequences are not copyrightable: true or false

true