legal 19

The term _______ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers, rather than to manufacture a patent product or supply a patented service

patent troll

The _______ doctrine provides that copyright protection does not extend to the useful application of an idea

useful article

A design dictated by a function may be protected by a _______ patent

utility

Susan may get a patent on the new type of rose she developed through asexual reproduction

True

Trade secrets are protected for an indefinite time

True

Which of the following is NOT true regarding current U.S. copyright law?

Use of copyright notice is required

A descriptive mark that is initially unavailable for protection can still become protectable if it acquires _______ meaning

Secondary

combs. Assuming the validity of the earlier patent, which of the following is true regarding Samantha's rights to legally continue selling the combs?

She should stop selling the combs immediately

A defendant is not liable for trademark infringement if its use is ______ use, meaning that it uses the mark to talk about the mark itself

nominative

The defense of _________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purpose

nominative use

Which of the following are defenses to patent-infringement claims?

noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement

Terms that were once enforceable trademarks may become generic and thereby not protected

True

The U.S. Supreme Court ruled that living organisms can be patented if they are human-made

True

A _________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product

Fanciful

What did the court rule in the case in which Holiday Inn claimed that by using a similar number a travel agency infringed Holiday Inn's trademark in its vanity toll-free telephone number?

That although there was a potential for confusion, there was no trademark violations

Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory. Assuming the validity of the earlier patent, which of the following is true regarding Harry's statement that Samantha could not be guilty of patent infringement because she as unaware of the earlier patent when she began marketing her combs?

Harry was incorrect, and Samantha can be held liable for direct patent infringement

Which of the following was the result in Bilski v. Kappos, the case in the text involving whether a business process explaining how buyers and sellers of commodities in the energy market can use hedging to protect against price fluctuations is patentable?

The court ruled that the clamed invention was not a patent-eligible process because it was an abstract idea

Intellectual property is any product or result of mental process that is given legal protection against unauthorized use.

True

The patent practice of other countries is often different from that of the U.S.

True

An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology, also referred to as prior art

True

The packaging or dressing of a product may be protected under the trademark laws as trade dress

True

Which of the following is true regarding patent misuse?

Tehe patent holder is barred from recovering for any infringement of its patent during the period of misuse

Which of the follwoing is considered in determining whether use of copyrighted material constitutes fair use?

1. The purpose and characted of the use 2. The economic effect of the use on the copyright owner 3. The nature of the work used 4. The amount of the work used

When an idea and its expression are inseparable, the _________ doctrine dictates that the expression is not copyrightable

merger

An example of fanciful trademark is

Kodak

Which of the following is not a part of a patent application?

The declaration of prior art

The federal trademark act is known as the ________ Act

Lanham

Which of the following is an example of an arbitrary trademark?

Camel

A _______ is used in conjunction with services

Service mark

Which of the folowing is an example of an arbitraty trademark?

Camel

Which of the following is not a type of U.S patent?

Service patent

Which of the following is true regarding how damages may be awarded in a patent infringement case?

Damages may be awarded based on 1. the patent holder's lost profits 2.the infringer's profits or 3. a reasonable royalty for the infringer's use of the invention

Priscilla bought a new CD with her favorite Christmas music on it. She promptly proceeded to copy it for 15 of her best friends, including Brenda, and provided it free of charge. Unknown to Priscilla, Brenda's brother, Chris, was a member of the band. When he found out how Brenda got the disk, he angrily called Priscilla and accused her of copyright infringement. Is he correct that Priscilla is guilty of copyright infringement?

It is likely that Priscilla a would be found guilty of copyright infringement

Professor peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who disliked Peter because she beliegves he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages Can Professor Peter be found guilty of copyright infringement? Can copy store be found guilty of copyright infringement?

It is likely that he would be foudn guilty of copyright infringement particularly since he arranged for copyright of the entire manual, not limited sections Yes, copy stores can be found liable for copyright infringement for copying without obtaining permission

Mandy purchased a business ;aw book and used it during her business law class. She later loaned the book to Steven, and then to Christen. Another student accused her of copyright violation and threatened to report her to the book publisher and also to her school's ethics board. Did Mandy violate the copyright laws?

No, because her loans would be covered under the first sale doctrine

what are the four basic types of intellectual property?

Patents, copyrights, trademarks, and trade secrets

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

Productive

The duration of a copyright granted to a known individual, not a work done for hire, will be

The life of the author plus 70 years

Which of the following is true regarding remedies for patent infringement?

The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs and attorney's fees

A trademark does not necessarily reveal the product's manufacturer

True

After a patent expires, the invention is dedicated to the public

True

Constructive abandonment of trademark can occur through the trademark lapsing into genericism

True

When may a defendant be held liable for vicarious copyright liability?

When the defendant has the right and ability to control the infringer's acts and receives a direct financial benefit from the infringement

A __________ mark is a real word whose ordinary meaning has nothing to do with a trademarked product

arbitrary

A ________ placed on a product indicates that the product has met the certifier's standards of safety or quality

certification mark

The practice of __________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom

cybersquatting

Under the ________ use doctrine, under certain circumstances, a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting, education, scholarship, or research

fair