Business Law Chapter 5

The most important statutory protection for trademarks is the: a. Lanham Act b. Leghy Act c. Larman Copyright Act d. Patent, Trademark, and Copyright Act

Lanham Act

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of a. counterfeit goods. b. trademarks. c. licenses. d. competing products.

counterfeit goods.

4. Infringement of a trademark requires intent to infringe as well as federal registration.

false

A license that limits the uses of a patent by the licensee is unlawful.

false

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur.

false

Certain business processes are copyrightable.

false

If a creative work is not copyrightable, other intellectual property law will not protect it.

false

Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.

false

Only the federal government provides for the registration of trademarks.

false

Pricing information is not a trade secret.

false

Service marks are not protected in the same way as trademarks.

false

Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets.

false

To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally.

false

The most strongly protected type of mark is labeled as: a. fanciful and arbitrary. b. generic. c. geographic. d. descriptive.

fanciful and arbitrary.

To be patentable, an invention, discovery, process, or design must be: a. creative, beneficial, and inexpensive. b. novel, useful, and not obvious. c. technological, not obvious, and common. d. creative, useful, and technological.

novel, useful, and not obvious.

To be protected under the Copyright Act, a work must be a. original and fixed in a durable medium. b. an inseparable idea and expression. c. none of the choices. d. a concept, principle, or discovery.

original and fixed in a durable medium.

The distinctive color, furniture, labels, logos, and employee uniforms that might be used by a company are known as its: a. trademark. b. collective mark. c. trade dress. d. formal trade list

trade dress

1. A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods.

true

A descriptive term is protected under trademark law if it acquires a secondary meaning.

true

A patent applicant must demonstrate that an invention is useful to receive a patent.

true

A trade name is used to indicate all or part of a business's name.

true

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

Certain business processes are patentable.

true

Intellectual property is property resulting from intellectual, creative processes.

true

Service mark

a mark used in the sale or advertising of services to distinguish the services of one person from another

Works that are copyrightable include a. music videos. b. all of the choices. c. product packaging. d. books.

all of the choices

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.