LEB 320F Unit 6

Which of the following does not tend to show bad faith in terms of cyber-squatting? a. The domain name consists of the defendant's name b. The defendant has given misleading contact information when applying for the registration of the domain name, or has intentional failed to maintain accurate information for contacting him c. The defendant has offered to sell the domain name it registered to someone else without having made a legitimate business use of it, and without any apparent intent to make a legitimate business use of it. d. The defendant's prior conduct shows a pattern of registering or acquiring domain names the same as or confusingly similar to the trademarks of others.

A. The domain name consists of the defendant's name. If the domain name consists of the defendant's name, this is considered to be a factor proving that there was good faith and not purposeful cyber-squatting.

Which of the following is not a classification of a trademark? a. accurate b. arbitrary c. descriptive d. generic

A. accurate. Accurate is not a classification of a trademark. Arbitrary or fanciful, suggestive, descriptive, and generic are all classifications of trademarks which have specific requirements that must be met in order to maintain the trademark

Which of the following is not a requirement in order for an invention to be patentable? a. The invention is non-obvious b. The invention is revolutionary c. The invention involves patentable subject matter d. The invention must be the result of a patent application that was originally filed within one year after certain actions that revealed the inventions.

B. The invention is revolutionary. Every invention is not required to be revolutionary. However, it must be patentable subject matter, useful, novel, the result of a patent application that was originally filed within one year after certain actions that revealed the inventions, and non-obvious.

Which of the following are not protected by copyrights? a. Architectural works. b. ideas c. motion pictures d. pantomimes

B. ideas. Ideas are not protected by copyrights. Copyright protects original expressions of ideas, but not ideas themselves

Under which of the following scenarios would WalCo most likely be labeled a patent troll? a. WalCo did not originally create the patent they hold; they bought it several years ago from a third party. It has not attempted to improve upon the patent, but it has implemented the patented technology into its business system (it was a business method patent). b. WalCo created the patent in-house but has not attempted to improve upon the patent. However, it has sold a large number of products which directly implement the patented technology. c. WalCo did not originally create the patent it holds; it bought it several years ago from a third party. Although WalCo attempted to improve the patented invention, it did not directly use it in commerce at any point in time. d. WalCo created the patent in-house and has continually attempted to improve upon it for several years

C. WalCo did not originally create the patent it holds; it bought it several years ago from a third party. Although WalCo attempted to improve the patented invention, it did not directly use it in commerce at any point in time. Even though WalCo did attempt to improve upon the patent, the fact that it did not actually use any portion of the patent, when considered in conjunction with the fact that it bought the patent from a third party makes it very likely that Walco would be considered a patent troll.

If WalCo was suing Bob for misappropriation of a trade secret, which of the following would be the most important to establish? a. WalCo maintained reasonable measure to protect security b. The information was actually a trade secret c. Bob did not simply reverse engineer the product. d. All of the above.

D. All of the Above. If Bob proves any of the answers to be false, he would win the case because WalCo would have failed to establish a cause of action for trade secret misappropriation

In order to maintain a descriptive trademark, the entity with the trademark must prove that the term suggests some particular characteristic of the goods or services to which it applies and requires the consumer to exercise the imagination in order to draw a conclusion as to the nature of the goods and services

false. A descriptive term merely identifies a characteristic or quality of a product or service, such as its color, odor, function, dimensions, or ingredients. A suggestive term suggests some particular characteristic of the goods or services to which it applies and requires the consumer to exercise the imagination in order to draw a conclusion as to the nature of the goods and services.

A copyright is any distinctive word, phrase, symbol, or design adopted for the purpose of identifying the origin of goods being offered for sale.

false. A trademark, not a copyright, is any distinctive word, phrase, symbol, or design adopted for the purpose of identifying the origin of goods being offered for sale.

A person commits trade secret misappropriation only when he acquires information in a way that is independently illegal, such as committing a burglary

false. Conduct may be "improper," and thus constitute misappropriation, even though it is not illegal by itself

In order for a combination of things to be considered a trade secret, all of the individual pieces must be a trade secret

false. Courts have concluded that a combination of things can be a trade secret, even if none of the individual elements qualifies as a trade secret.

A trademark consisting primarily of a geographic designation or someone's last name does not require a secondary meaning.

false. If a trademark consists primarily of a geographic designation or someone's last name, the law treats it in the same way as a descriptive mark, and secondary meaning must be proved for the mark to be protectable

In order to have a copyright, material must be registered with the U.S. Copyright Office.

false. It is not required. And, since 1989, there is no longer any requirement that a copyright notice be placed on a work. Still, it's a good idea to register.

Patent rights are non-transferable

false. State law determines what is necessary to sell or otherwise transfer patent ownership. Patents are often bought, sold, and licensed

The rights of a trademark can be lost if a trademark term becomes generic

true. Genericide, or allowing a trademarked term to become generic, can cause a trademarked term to lose its legal protection. In most cases, the owner of the mark was simply complacent and took few if any steps to make sure that consumers understood that the mark was the owner's brand rather than an identifier of an entire class of goods

A copyright lasts for the life of the author plus 70 years.

true. In 1998, Congress extended the term of copyright protection to the life of the author plus 70 years. A work for hire copyright lasts for the shorter of 95 years from date of publication or 120 years from date of creation.

Patent "trolls" often do not actually use or commercialize their invention beyond actually filing the patent

true. They often buy up other patent rights, choose not to use them, and then demand fees when other patents may infringe them

A company can be charged with copyright infringement for simply providing the means to the actual infringer to commit the infringement

true. This is called secondary infringement

Packaging and nonfunctional product design can be protected under the same principle as trademarks.

true. Trademark law also protects "trade dress"- very distinctive packaging or nonfunctional product design if it serves the same purpose as a trademark. Trade names and service marks are also protected in similar fashion

A patent protects an inventor patentee for 20-years by giving them exclusive rights to make, use, or sell the patented information

true. Under both former patent acts and the AIA, an inventor patentee is protected for 20 years from the date of filing by giving them exclusive rights to make, use, or sell the patented information.

There is a statute that prohibits registering, in bad faith, an Internet domain name similar or that are the same as someone else's protected trademarks.

true. Under the Anti-cybersquatting Consumer Protection Act, it is illegal to register an Internet domain name (1) that is the same as or confusingly similar to someone else's protected trademark, (2) where there is a bad faith intent to commercially exploit the trademark, and (3) the likely effect is to either cause confusions, or, if the mark is famous, to cause dilution