Business Law Chapter 8
A patent:
(n.) exclusive rights over an invention; copyright; (v.) to arrange or obtain such rights; (adj.) plain, open to view; copyrighted
As a general rule, United States trademarks are registered for _____.
10-year terms, although the holder can renew the registration repeatedly
Which of the following statements is true about patent infringement in the U.S.?
A patent holder is entitled to monetary damages in case of infringements.
Which of the following is a drawback of technology licensing?
The licensee can sever the licensing relationship and become a competitor after gaining access to the licensor's technology.
In the United States, which of the following can be patented? a)Laws of nature b)Abstract ideas c)New chemical compounds d)Physical phenomena
c)New chemical compounds
A company files a trademark infringement case against another. In order to recover for trademark infringement, the plaintiff generally must show that the:
defendant used the mark in commerce.
The fair use defense against copyright infringement applies:
if there are substantial differences between the copyrighted work and the derivative work.
In the United States, the copyright period for works for hire:
is 95 years from the first publication or 120 years from creation, whichever comes first.
Technology transfer agreements:
permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment.
TF? A trademark is not eligible for registration in the absence of prior commercial use.
True
TF? As a precondition to receiving trade secret protection, the owner must take reasonable means to maintain secrecy.
True
TF? If the trademark becomes used as a generic term by the public, a business may lose its trademark protection.
True
TF? It makes good sense for companies to engage in widespread monitoring of social media content to head off budding complaints or criticisms.
True
The _____ immunizes online service providers from liability for the information that originated with third persons.
Communications Decency Act
Which of the following statements is true of the confidentiality clause?
During a licensing agreement, the licensor can be permitted to limit the number of people with whom the licensee may share the technology.
TF? Charles, a U.S. business owner, owns the trademark for "Squish" a hot new line of toys. Upon entering the foreign market, Charles discovers that a local store in London also owns the trademark for "Squish." Because of Charles' trademark, a U.S. court would likely rule that the London store does not have a legal right to the term "Squish."
False
TF? For most of its history, the United States based its patent laws on a "first-to-file" system.
False
TF? If a term is arbitrary or suggestive, courts treat it as distinctive and automatically disqualify it for trademark protection.
False
TF? The direct copyright infringement theory of recovery has been used effectively against suppliers of peer-to-peer file sharing software that has been used to download DVDs from the Internet.
False
Dan, an employee of ABC Company, endorses and recommends the products of ABC Company on its online website. Which of the following is true regarding Federal Trade Commission regulation, if any, of his activity?
Federal Trade Commission guidelines require that people endorsing a product or service must disclose their affiliation with the producer or service provider.
Which of the following statements is true of the principle of first in time equals first in right regarding trademark rights in the United States?
It is bound by the territoriality principle.
Which of the following is an advantage of licensing?
It permits quicker foreign market penetration than direct investment.
Which of the following is true about the nature of licensing?
Sometimes the licensee is permitted to sublicense all or part of its rights in the technology to a sublicensee.
Which of the following never expires? a)Trademark b)Trade Secret c)Copyright d)Patent
Trade Secret