Chapter 11 - Intellectual Property

A patent is a legal monopoly in copying and marketing a new invention.

False

Innocently acquiring a secret from another without knowledge of their theft is generally misappropriation.

False

The Coca Cola logo would be considered a service mark.

False

Which of the following is true in case a patent expires?

It is in the public domain and others may use it without limitations.

The fair use of a registered trademark defense was established in the ______.

Lanham Act

Which of the following accurately describes patents?

The Venetian Patent Act of 1474 is a source for many principles of modern patent law.

Which of the following is a defense to a charge of trademark infringement?

The use is a "fair use"

Although various state laws make intentional trade secret misappropriation a crime, most criminal prosecutions today take place under the federal Economic Espionage Act (EEA).

True

An injunction is an order by a judge either to do something or to refrain from doing something.

True

Companies can be considered authors under copyright law.

True

Even if the original acquisition was proper, misappropriation can occur if information is disclosed by someone who was under a duty to keep it secret.

True

The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration.

True

The justification for intellectual property is the same as for the private property system.

True

The protections of property often do not apply automatically to ownership of intangible knowledge resources that are created.

True

To protect information as a trade secret, the information must actually be secret, and the business must take reasonable measures to keep it so.

True

To qualify as a trade secret, any form of knowledge protected must have economic value.

True

Which of the following has been adopted by most states and provides a foundation for trade secret law?

Uniform Trade Secrets Act

Which of the following statements is true of patent enforcement?

Usually multiple intellectual property rights can cover the same article.

What is the definition of a trade secret?

any formula, pattern, machine, or process of manufacturing used in one's business that may give the user to obtain an advantage over its competitors.

According to the Lanham Act of 1946, which of the following is a mark representing membership in a certain organization or association?

collective mark

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

infringement

In the context of patentable subject matter, which of the following characteristics about an invention indicates that something is new and different from the prior art?

novelty

A school's seal and logo are examples of which type of intellectual property?

service marks

When you purchase an item from Globus Corp., they place the item in a paper bag with handles and vertical yellow, blue, and white stripes. Even without seeing the words "Globus Corp." on the bag, many people recognize that the purchase is from Globus. The bag's coloring and design is considered its ______.

trade dress

In the context of intellectual property, the Facebook "f" and Burger King's crown would be called __________.

trademarks