B Law Ch. 40 MC
In most cases, how long does a copyright last
The author's life plus 70 years
The apple which identifies Apple Computers is an example of a:
trademark
The Lanham Act has been amended by the:
- Federal Trademark Dilution Act. - Trademark Cyberpiracy Prevention Act of 1999
Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business. It would like to protect the process. How may it do so?
- Incellmed may patent the process. - Incellmed may protect the process as a trade secret without registration. Either (b) or (c) depending on the other facts of the situation
What are some of the remedies available for infringement under the Lanham Act?
- Injunction - The impoundment and destruction of infringing articles - Up to three times actual damages - Reasonable attorneys' fees in exceptional cases, and criminal penalties for willful trafficking in goods or services bearing a counterfeit mark-
Intellectual property consists of which of the following
- Trade secrets - Patents - Trade symbols
A person who intentionally and knowingly uses a counterfeit mark may receive:
- a judgment for three times the defendant's profits or the plaintiff's damages, whichever is greater - imprisonment of up to ten years for the first offense and for up to 20 years for a repeat offense
Regarding trademark protection:
- an applicant must have actually used the mark in commerce or demonstrate a bona fide intent to use the mark in commerce and actually use it within six months, which period may be extended. - an owner may abandon the mark through non-use and lose protection
To be protected by federal law, a mark must be distinctive enough to identify clearly the origin of the goods or services. A trade symbol may satisfy the distinctiveness requirement by, in certain circumstances:
- being a descriptive or geographic designation. - being inherently distinctive. - acquiring distinctiveness through a secondary meaning
If the court finds misappropriation of trade secrets, it may award the following remedies:
- damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation. - damages in the amount of the pecuniary gain to the defendant Either (a) and (b), whichever is greater
A design patent
- has a duration of 14 years. - protects the ornamental designs for manufactured products. - requires a showing of novelty, ornamentality, and nonobviousness
Which of the following items would be patentable?
A distinctive variety of an asexually reproducing plant
Which of the following remedies is NOT available for patent infringement?
An accounting for profits
Which one of the following cannot be registered under the Lanham Act?
An immoral mark
A patent would be appropriate in all but which one of the following cases?
The discovery of a medical use for moon rocks
Infringement of a mark occurs when:
a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive.
Federal trademark protection:
can be abandoned by non-use.
Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:
certification marks
A sculptor wishes to protect one of his original works. He may do so by applying for a:
copyright
An artist would like to protect one of his original oil paintings from being sold as original prints. He may protect his painting by applying for a:
copyright
Under copyright law, the doctrine of works for hire states that:
if an employee prepares a work within the scope of her employment, her employer is considered the author of the work.
In order to be the subject of a suit for copyright infringement, the copyright:
must be registered with the copyright office unless the work is a Berne Convention work
Wanda has a new idea for a novel, which she won't have time to write until next year. She may protect it by means of:
nothing. An idea that has not yet been developed into a tangible form cannot be protected.
The fraudulent marketing of one person's goods as those of another is referred to as:
palming off of goods.
A statutorily secured monopoly right that is issued to inventors or discoverers of useful new devices or processes is known as a:
patent
The Economic Espionage Act of 1996:
provides for punishment of organizations that violate the act by subjecting them to fines of up to $5 million.
A plant patent:
refers to a new and distinctive variety of asexually reproducing plants.
The international treaty to which the United States is a party and which protects copyrighted works is known as the:
Berne Convention
To which of the following limitations are the rights of the holder of a copyright subject?
Both fair use and compulsory licenses
If a copyright is willfully infringed, the owner may ask for and receive which of the following remedies?
Injunction
Congressional legislation implementing the Madrid Protocol had what effect?
It allowed U.S. trademark owners to file for registration in the many member countries of the Protocol by filing a single application
Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software."
It is unlikely that Curt will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution
Utility patents require which of the following elements?
Novelty
An example of a "certification mark" would be:
Real Cheese.
