Chapter 8 - Key Terms and Concepts

Which of the following could NOT be copyrighted?

Idea

What can be copyrighted?

A photograph. A novel. A painting.

Which section of the U.S. Constitution deals with the need to protect intellectual property rights?

Article I, Section 8.

When you enter an "On the Border" Mexican restaurant, you see a distinctive interior, a distinctive menu, and a wait staff wearing distinctive attire. This combination of things creates a unique ambience, known in legal terms as:

trade dress.

If a person registers for and uses a domain name, or Internet address, that contains the name of another's service or product, the use of the name may constitute:

trademark infringement.

The case of Coca Cola Co. v. The Koke Co. of America involved a claim of:

trademark infringement.

A patent for a new invention will last for:

twenty years.

Certification mark

used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristics of specific goods and services

Trade name

used to indicate part or all of a business's name, whether the business is a sole proprietorship, a partnership, or a corporation; directly related to a business and its goodwill

Peer-to-peer (P2P) networking

uses numerous personal computers (PCs) that are connected to the Internet to file-share items

Typosquatting

developed by cybersquatters; registering a name that is a misspelling of a popular brand, such as hotmai.com

Jami invents a new machine that automatically weeds small gardens. He obtains a patent for his invention from the U.S. government. Louisa buys one of Jami's machines, pulls it apart, copies his work, and starts producing and selling her own version of the amazing weedeater. Louisa:

has infringed on Jami's patent rights.

Now suppose that Jami invents and patents his new weeding machine but never sells his weedeater. Louisa borrows the machine from Jami, pulls it apart, copies it, and then sells it. Louisa:

has infringed on Jami's patent rights.

Meta tags

key words typed in search fields; increase the likelihood that a site will be included in SEO results

Cybersquatting

occurs when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the trademark owner

The federal law that protects trademarks and related property is known as:

the Lanham Trade-Mark Act.

Ordinarily, you may not reproduce a copyrighted object without the owner's permission. The exception to this general rule is contained in:

the fair-use doctrine.

Trademark dilution laws protect against:

the unauthorized use of mark regardless of whether the user is a competitor.

A central objective of the Lanham Trade-Mark Act of 1946 was to:

Reduce the likelihood that consumers will be confused by similar trademarks.

To obtain protection under the Copyright Act, a work must fall into one of the following eight (8) categories:

1. Literary works (newspaper, magazine articles, manuals) 2. Musical works and accompanying words 3. Dramatic works and accompanying music 4. Pantomimes and choreographic works 5. Pictorial, graphic, and sculptured works 6. Motion pictures and audiovisual works 7. Sound recordings 8. Architectural works

What three situations that deem anything is NOT patentable?

1. The laws of nature 2. Natural phenomena 3. Abstract ideas (including algorithms)

A trade secret might include which of the following?

A customer list.

Although courts disagree on this issue, the tendency in court cases has been NOT to extend copyright protection to:

The "look and feel" of a computer program.

Collective mark

a certification mark that is used by members of a cooperative, association, or other organizations

When you see on a box of low-fat granola that the cereal has the "Good Housekeeping Seal of Approval," you are looking at:

a certification mark.

Trademark

a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins is known; applies to products

As determined in America Online, Inc. v. AT&T Corp., the phrase "You Have Mail" is:

a generic expression.

Patent

a grant from the government that gives an inventor the right to exclude others from making, using, or selling his/her invention for a period of twenty years from the date of filing the application

Dilution

a law that protects "distinctive" or "famous" trademarks from certain unauthorized uses even when the use is on noncompeting goods or is unlikely to confuse.

One of the ways to make use of another's trademark, copyright, patent, or trade secret, while avoiding litigation, is to obtain to do so.

a license.

Cloud computing

a newer method of sharing files; a subscription-based or pay-per-use service that extends a computer's software or storage capabilities; delivers a single application through a browser to multiple users

Domain name

a part of an Internet address (i.e. westlaw.com)

Trade secret

any information of commercial value; includes customer lists, plans, research and development, pricing information, marketing methods, production techniques, etc

If a company that makes laundry detergent calls its product Pommo, the name "Pommo" would be considered:

a strong mark.

The famous "swoosh" design on the side of Nike sneakers is an example of:

a trademark

Service mark

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

Distributed network

allows individuals on the same network to access files stored on one another's PCs

Copyright

an intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type

Intellectual property is defined as:

property that results from an intellectual, creative process and so is the product of one's mind.

Trade dress

refers to the image and overall appearance of a product; can include all or part of the total image or overall impression created by a product or its packaging.

Cybermarks

refers to trademarks in cyberspace

When you cybersquat, you:

register someone else's mark as a domain name and then offer to forfeit the name for a price.

If you create a trademark and want to register this great new mark with the federal government, you should:

register the mark with the Patent and Trademark Office in Washington, D.C.