LSTD chapter 24

novel

A business method may be patentable so long as it accomplishes a useful purpose in a(n) ____ and nonobvious way.

design

A current trend in strategic business planning is to trademark product ______ as a form of trade dress.

generic

A mark falling into the ______ classification cannot be registered.

Suggestive

A mark is considered which of the following if imagination, thought, and perception are required to understand how it is tied to the underlying product or service?

fanciful

A mark that centers upon a word made up with the intention of being used as a distinctive term is considered ______

ten years

A mark's initial registration period is:

attorney

A patent infringer acting in bad faith may have to pay the prevailing party's _____ fees

Prejudgment Interest

A patent infringer is subject to a(n) _________ when it is proven that revenue from possible sales have been withheld from the patentee for a long period of time.

20

A patent of an invention lasts for _____ years from the date of filing.

nonobviousness

A patent will not be given for a relatively obvious improvement under the _____ standard

nonobviousness

A patent will not be given for a relatively obvious improvement under the ______ standard

arbitrary

A real word that is part of a mark, but has nothing to do with the word's literal meaning is called a(n) _____ mark

USPTO

A trademark holder acquires rights through use in commerce or by registering the mark with the ______

distinctive

A trademark that identifies the source of a particular product is said to be ______

secondary

A(n) _____ meaning is created when the consuming public primarily associates a trademark with a particular product, rather than an alternate meaning.

mark

A(n) ______ can be renewed an unlimited number of times so long as the holder pays the registration fee.

tarnishment

An association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark with something that a consumer might find objectionable or unflattering is dilution by _______

author

An original work of authorship is a work that is original to the _______

direct infringer.

Before pursuing a theory of indirect infringement, the copyright owner must first identify the ________

fair use

Copyright owners do not enjoy unlimited rights to their work; rather, the law balances public interests with the property rights of copyright owners. The most common and powerful defense to a copyright infringement claim is _______

intangible

Copyright protection is a _____ right

Copyright Act.

Copyrights are regulated by the ______

customers create a link to a particular product.

Designs, colors, and shapes of products help ______

take tangible form.

Durable medium means that the work must ______

vicarious

Employers will typically be responsible for the unauthorized use of copyrighted material by an employee under the theory of ______ infringement.

damages

Failure to give notice of patent protection may result in the inability to collect _____ against patent infringers.

It requires no formal registration.

How is trade secret protection different from other forms of intellectual property?

public domain

If a copyright has expired, works fall into the _______

3

If a mark is no longer used in commerce for ______ years, the rights are lost through abandonment.

secondary

If the consuming public primarily associates a mark with a particular product and not any alternate meaning, the mark is said to have _____ meaning

contributory

Indirect infringement is also known as ______ infringement

Recording Industry Association of America.

Individuals who engage in Illegal file sharing have been pursued by the ______

trade secret

Information or articles that are to be kept secret because of their particular value are _______

copyrights

Literary works, dramatic works, and sound recordings are examples of works that can be protected by ______

policing

Mark holders must protect their rights by _____ their marks.

descriptive

Marks that require no leap of imagination to connect to the product are called ______ marks

distinctive

Marks that suggest the product or service without literally describing it are considered highly _____

UTSA

Most state statutes define misappropriation as the term is defined in the _______

omission

No infringement occurs when the alleged infringing invention lacks an essential element of the patent holder's claims in the patent application. This is known as the rule of ______

nationally

Once a trademark is registered, the holder has rights where

$20,000, $30,000

One intellectual property law firm estimated that legal fees and application fees related to obtaining a patent ranged from _______ to ________.

infringer

One who actively induces infringement of a patent is considered a(n) ______

infringement

One who makes, uses or sells a patented invention without permission is guilty of patent ______

creative element.

Original work, in order to receive copyright protection, must contain some ______

statute

Patent rights are created by _____

substantial similarity

Proof of copied plots and structures could satisfy the _________ standard

lasts for as long as the firm exists.

Protection against trade secret misappropriation ______

trade dress.

Protection for a product's shape or the color of its packaging is called

fair use.

Reasonable educational use of copyrighted material is usually recognized under the defense of ______

legal

Registration of copyrighted work allows the owner ______ methods for enforcing the copyright.

genericide

Rights are lost through ______ when a word becomes too generic to the point where it has lost its distinctiveness,

Accommodations Transportation

Service marks are typically associated with ____ and _____

dress

Textures, shapes, and color combinations have been given trade ______ protection

copyright laws

The RIAA enforces:

transformative

The ______ factor allows a court to first analyze whether the work in question has added new expression or meaning to the copyrighted work.

First

The _______ Amendment prevents government regulators from denying mark registration because the mark is likely to offend others.

equivalence

The doctrine of ________ allows courts to find patent infringement when an invention, compared with a patented device performs, substantially the same function in substantially the same way to achieve the same result.

omission

The doctrine of equivalence came about due to the abuse of the rule of ______

first inventor-to-file

The idea that the first inventor to file a patent application is given the patent is the ______ rule.

misappropriation

The use of a trade secret by one who knows or has reason to know that the secret was acquired by improper means is

3

There are ______ stages of patent prosecution.

unique; original

To be granted a patent, the invention or process must be ______ and ______.

secondary meaning.

To get protection under the Lanham Act, the holder of a descriptive mark must prove that the mark has _________

substantial similarity standard.

To help define the term "copy" as it pertains to copyright laws, courts have developed the ________

reasonable

To prevent the loss of trade secret protection an owner must take ______ steps to keep the information secret.

design

To protect product _____ through trademark protection laws, a business must overcome any notion that the design purpose was to allow the product to function properly rather than as a distinctive trademark.

tangible

To receive copyright protection, the work must be in ______ form, such as writing, digital, video, and so forth.

fails to take reasonable steps to keep the information secret

Trade secret protection is lost if the owner:

state statutes and state common law.

Trade secrets are usually protected by _____ and _____

blurring; tarnishment

Trademark dilution occurs either through ______ or _____

blurring

Trademark dilution through ______ occurs when the distinctive quality of a mark is identified with goods that are not alike.

distinctiveness

Trademark protection is based on ___

F

True or false: All types of trade secrets are protected by either patent or copyright laws.

F

True or false: Copyright holders have complete and exclusive rights to their protected work.

f

True or false: Registration of a mark is automatic.

F

True or false: Reverse engineering of a product constitutes misappropriation of a trade secret.

Lanham

Under the _____ Act, more distinctive marks are provided with greater protection.

aesthetics

Using the transformative factor, the courts will look at ______ to see if the new work infringes on the copyrighted work.

patented

Using the word "patent" or placing the patent number on a particular article are ways to inform users that an article is _______

addition

When the infringing device does more than is described in the patent application of the protected invention, the rule of _______ applies

Design patents

Which of the following covers the invention of new ornamental designs for manufacture?

Patent

Which of the following creates a monopoly right that allows an inventor the exclusive entitlement to make, use, license, and sell an invention for a limited period of time?

No Electronic Theft Act

Which of the following imposes criminal sanctions for violations of the Copyright Act?

plant

Which of the following is the least common patent?

Fair use

Which of the following is the most common defense to a claim of copyright infringement?

Design

Which of the following patents are intended to protect inventors for any new, original, and ornamental design for an article of manufacture?

First sale doctrine

Which of the of following allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright owner?

Service

______ marks are used to identify business services.

Trademark

______ protection is designed to prevent others from fooling customers into thinking that a product is produced by the mark holder.

utility

_______ patent applies to the invention of any new or useful process, machine or article of manufacture.

plant

_______ patent covers the invention or discovery of asexually or sexually reproducible plants.

first

the ______ sale doctrine allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright holder.