BUL ch 6

patents for designs

14 years

Paris Convention

174 countries signed: allows parties in one country to file a patent & trademark in any other member country

who receives patent protection

1st person to file -after issuance -> 9month limit for challenging a patent on any ground

ISP Limited Liability

DMCA limits the liability of Internet Service Providers (comcast, verizon) -not liable for CR infringement by a subscriber *unless the ISP is aware of the violation* -may be liable if it fails to take action to shut down subscriber after learning of violation -should pursue claim in court or subscriber has right to be restored to online access

A copy must be exactly the same as an original work to infringe on its copyright.

F

A formula for a chemical compound is not a trade secret.

F

Downloading music onto a computer is not copyright infringement, even if it is done without authorization.

F

To obtain a copyright, an author must prove to the copyright office that a work is novel, useful, and not a copy of another copyrighted work.

F

Using a domain name that is similar but not identical to the trademark of another is legal.

F

trademark protection

Lanham Act of 1946

International Protection for Intellectual Property

Paris Convention Berne Convention Trips Agreement Anti-Counterfeiting Trade Agreement

A license permits the use of another's intellectual property for certain limited purposes.

T

A personal name can be trademarked if it has acquired a secondary meaning.

T

Dilution occurs when a trademark is used, without permission, in a way that diminishes the distinctive quality of the mark.

T

To obtain a patent, a person must prove to the patent office that his or her invention is novel, useful, and not obvious in light of contemporary technology.

T

Realty Markets Corporation allows Sam, an independent real estate salesperson, to use Realty's trademark to advertise the properties that Sam represents for sale. This is a license. likely to confuse consumers. counterfeiting. dilution.

a license

TRIPS agreement

a member nation cannot give its citizens more favorable treatment (administration, regulation, adjudication of intell property rights) than it offers to the citizens of other member countries (*protectionism*) CR protection for computer programs: compilations of data, databases, or other intell creations

Ken invents a light bulb that lasts longer than ordinary bulbs. To prevent others from making, using, or selling the bulb or its design, he should obtain a trademark. a copyright. a patent. none of the above.

a patent

Ordinarily, you may not reproduce a copyrighted object without the owner's permission. The exception to this general rule is contained in the: a. "fair use" doctrine. b. Lanham Act. c. "fair copy" doctrine. d. appropriation doctrine.

a. "fair use" doctrine.

An American movie studio finds that pirated copies of its newest blockbuster, only available in theaters, are being distributed electronically throughout Japan. The studio would have recourse under the: a. Anti-Counterfeiting Trade Agreement. b. Berne Convention. c. TRIPS Agreement. d. Lanham Act.

a. Anti-Counterfeiting Trade Agreement.

Jarvis Metals developed a new, more efficient method for smelting iron ore. The company was granted a patent from the U.S. Patent and Trademark Office for this method. After the patent was granted, Starr Iron Works began using a method that was for the most part the same as Jarvis's process. Starr's process, however, used different methods at the very beginning and end of the process. Jarvis sued Starr for patent infringement because of the very close resemblance of Starr's process to Jarvis's. Which of the following is correct? a. Jarvis cannot recover from Starr because infringement on a patented process only exists when all steps of the process are copied. b. The federal government will likely consider this a violation of the Economic Espionage Act. c. Jarvis can recover from Starr because the majority of the process is similar, even though all features of the process have not been copied. d. The court will find that the process was not eligible for patenting in the first place and grant Starr full use of their process.

a. Jarvis cannot recover from Starr because infringement on a patented process only exists when all steps of the process are copied.

Krys tells her friend Sam about her idea for a new design of a product that would be a blender, food processor, juicer, and chopper all in one. Sam takes the idea and makes it a reality, calling it the Kitchen Wonder. Krys sues Sam for copyright infringement. Will Krys win? a. No, ideas are not copyrightable. b. Yes, Sam appropriated Krys's copyrighted idea. c. No, but the federal government may invoke the Economic Espionage Act for appropriation of a trade secret. d. Yes, but it would likely be more profitable for both parties to agree to a licensing agreement.

a. No, ideas are not copyrightable.

When was the need to protect creative works first recognized in the law? a. The U.S. Constitution b. The Anti-cybersquatting Consumer Protection Act c. The Lanham Act d. The American Patent Protection Act

a. The U.S. Constitution

Quality Products owns a patent for a thermostat, but has not manufactured or sold a product based on the patent. Allied Electric manufactures and sells a thermostat that is identical to Quality's. Allied does not have Quality's permission to use the thermostat. Can Quality file a lawsuit against Allied for patent infringement? a. Yes, because Allied infringed on Quality's patent. b. Yes, if Allied and Quality are competitors. c. No, unless Quality has sold the thermostat in the marketplace. d. No, unless consumers are confused.

a. Yes, because Allied infringed on Quality's patent.

A service mark: a. is used to distinguish the services of one person or company from those of another. b. is a government grant that gives an inventor the exclusive right to make, use, or sell his or her invention for a period of time. c. occurs when one who does not own a trademark copies it to a substantial degree or uses it in its entirety. d. is used to indicate part or all of a business's name.

a. is used to distinguish the services of one person or company from those of another.

Intellectual property is defined as: a. property that results from an intellectual, creative process. b. a body of knowledge that a person obtains through study. c. property that is used only by intellectuals. d. property, such as land, that one considers purchasing before one actually does purchase it.

a. property that results from an intellectual, creative process.

Amy Stevens is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy can register her name as a: a. service mark. b. collective mark. c. trade name. d. certification mark.

a. service mark.

Blake invents a new camp grill that he names Blake's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every new grill. Blake can obtain a trademark for: a. the name only. b. the grill only. c. the grill, the name, and the manual. d. the manual only.

a. the name only.

Trademark dilution laws protect against the: a. unauthorized use of a mark regardless of whether the user is a competitor. b. unauthorized use of a patent. c. authorized use of trade dress, in some cases. d. unauthorized use of a mark by a competitor only.

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

1980 Computer Software Copyright Act

added computer programs covers binary language (readable only by the computer) -overall structure, sequence, & org of a program does not extend to "look & feel" -appearance, command structure, video images, menus, windows, & other screen displays -may be in violation of trademark llaws

license

agreement permitting the use of intellectual property for specified purposes -one of the best ways to protect patents, TM, CR, etc -avoid litigation -limit the use of the patent to licensee

Which of the following may not be copyrighted? a. A photograph b. An idea c. A painting d. A novel

b. An idea

Quality Inns International, Inc., announced a new chain of economy hotels to be marketed under the name McSleep Inns. McDonald's Corp. spends approximately $1 billion on advertising each year to ensure that the vast majority of Americans are familiar with its logo and its "Mc" products. McDonald's filed a lawsuit seeking an injunction preventing Quality Inns from using the prefix "Mc." McDonald's claimed that the use of the name McSleep infringed on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term. Quality Inns claimed that "Mc" had come into generic use as a prefix and that McDonald's had no trademark rights to the prefix itself. The court most likely found that Quality's use of the prefix "Mc": a. did not infringe on McDonald's trademark, because it had expired. b. infringed on McDonald's trademark, because consumers were likely to be confused. c. infringed on McDonald's trademark, because the two companies were competitors. d. did not infringe on McDonald's trademark, because consumers would not believe McSleep Inns were owned by McDonald's.

b. infringed on McDonald's trademark, because consumers were likely to be confused.

A _______, such as pricing information or production techniques, makes an individual company unique and would have value to a competitor. a. trade name b. trade secret c. patent d. service mark

b. trade secret

Under the Berne Convention: a. countries work to increase international cooperation, facilitate the best law enforcement practices, and provide a legal framework to combat counterfeiting. b. a member nation cannot give its citizens more favorable treatment, in terms of the administration, regulation, or adjudication of intellectual property rights, than it offers to the citizens of other member countries. c. every member country must recognize the copyrights of authors who are citizens of other member countries. d. manufacturers are protected from losing business to competitors that use confusingly similar trademarks.

c. every member country must recognize the copyrights of authors who are citizens of other member countries.

In 2006, Taylor writes her memoirs, titled My Life in the Congo. Taylor does not register a copyright with any agency or department. Under federal copyright law, Taylor's book is protected: a. forever. b. not at all. c. for her life plus 70 years. d. for ten years.

c. for her life plus 70 years.

To obtain permission from the owner of a patent to make, sell, or use the patented item would need a: a. copyright. b. domain name. c. license. d. trademark.

c. license.

James Smith owned Michigan Document Services, Inc. (MDS). MDS produced course packs for university professors and sold them directly to students. Smith did not obtain the copyright owners' permission to reproduce copyrighted materials in the course packs. Because MDS did not pay royalties to the copyright owners and sold the course packs for more than the cost of producing them, MDS earned a significant profit from the sales. Princeton University Press filed a lawsuit in a federal district court alleging copyright infringement. MDS claimed that the course packs were covered under the fair use doctrine. The court most likely found that the reproduction of the materials was: a. a fair use, because the course packs were for classroom use. b. not a fair use, because of the small proportion of materials being copied from the original works. c. not a fair use, because MDS profited from the sale of copyrighted works, which affected the potential market for and value of the copyrighted works. d. a fair use, because Smith was critical of the practice of paying royalties.

c. not a fair use, because MDS profited from the sale of copyrighted works, which affected the potential market for and value of the copyrighted works.

Tina's Toys wants to create and market dolls based on characters from a new movie released by Universal Studios. Tina's Toys will need to: a. do nothing special, as the marketing of toys would fall under fair use. b. obtain a copyright. c. obtain a license. d. invoke the Lanham Act.

c. obtain a license.

Employees of Millennium Technologies hack into the computers of their rival, Techno Inc., and download information in order to obtain the customer lists and pricing information of Techno Technologies. Techno Technologies keeps this information secret. The customer list and pricing information is most likely considered a: a. patent. b. copyright. c. trade secret. d. trademark

c. trade secret.

A patent for a new invention will last for: a. ten years. b. fifty years. c. twenty years. d. fifteen years.

c. twenty years.

copyright protection

can be registered (not req) w/ Copyright Office -evidence cr is vaid -automatic & doesnt need a c on the work to ensure protection

trademark infringement occurs

copies to a substantial degree or in entirety

counterfeit goods

copy or imitate trademarked goods -negative financial effects on business -crime to traffic goods and labels

works done by more than one author

copyright expires 70 years after the death of the last survivor

The graphics used in "Grave Raiders," a computer game, are protected by copyright law. patent law. trademark law. trade secrets law.

copyright law

2nd meaning of a trademark

customers associate a specific trademark w/ the source of the trademarked product ex/ Calvin Klein

Mandy registers a domain name that is confusingly similar to the trademark of Security Services Corporation. She then offers to sell the domain name to Security Services. This is cybersquatting. a smart way to do business. trademark infringement. trademark dilution.

cybersquatting

John Davidson wants to obtain trademark protection for his personal name as part of a new business venture. Until his business becomes known he will probably be unable to do so because his name: a. is generic. b. is descriptive. c. is memorable. d. lacks secondary meaning.

d. lacks secondary meaning.

Alpha Corp. creates a new syrup that is coffee and chocolate flavored and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is: a. patent infringement. b. trade dress infringement. c. copyright infringement. d. trademark infringement.

d. trademark infringement.

patents must

demonstrate its -novel -useful -not obvious in light of current tech

not distinctive enough

descriptive terms geographical terms personal names -no protection under law until acquire 2nd meaning

trademark dilution

diminishes the distinctive quality of the mark -doesnt req proof that consumers are likely to be confused -req the mark be famous

trademark

distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods

Standard Products, Inc., obtains a patent on a laser printer. This patent is violated if another firm reproduces the printer in its entirety only. either in its entirety or in part. in part only. none of the above

either in its entirety or in part

Berne Convention

every member country must recognize the copyrights

copyrights owned by publishing houses

expires 95 years from the date of publication OR 120 years from the date of creation (whichever first)

copyright infringement exception

fair use exception: can reproduce w/o paying royalties for purposes such as: -criticism -comment -news reporting -teaching -scholarship -research purpose of the use is considered w/ the nature & how much effect of the use on the market

copyrights protected by

federal governments copyright act

Digital Millenium Copyright Act

gives significant protection to owners of copyrights in digital info -established civil and criminal penalties for anyone who circumvents (bypasses) encryption software or other anti-piracy protection -prohibits the manufacture, import, sale, & distribution -doesnt restrict the "fair use" for educations & noncommerical purposes (test computer software, parental monitoring)

Patents

gov grant of the exclusive right to make, use, or sell an invention for a limited period of time (*20 years*)

Trade Secrets

information giving a business an advantage over competitors -consumer lists -plans -research & development -pricing info -marketing tech -production tech anything that makes an individual company unique & has value

copyrights

intangible right granted by statute to the author to publish, print, or sell the production

domain name

internet address www.amazon.com

meta tags

key word used in online coding -increase frequency w/ which a site appears in search engine results -using another's trademarked meta tag- trademark infringement

service mark

mark that distinguishes business services ex/ American Airlines

copyrights in digital info

most important -Digital Millennium Copyright Act -ISP Limited Liability -File Sharing

for copyrights to be protected

must be "fixed in a durable medium" from which it can be perceived, reproduced, or communicated

second-level domain

name of the entity that owns the site -Amazon

first sale doctrine

once a copyright owner sells or gives away a copy of a work, that person can sell or give away but not reproduce

Internet Corporation for Assigned Names & Numbers (ICANN)

oversees the distribution of domain names & operates an online arbitration system to handle complaints and disputes

infringement

owner has a cause of action against the infringer

top-level domain

part of the name to the right of the period -type of entity using the name .com, .org

Intellectual property

property resulting from intellectual, creative processes

Lanham Act of 1946

protects manufacturers from losing business to competitors that use confusingly similar trademarks

trademark registration

state & fed gov req must file an app w/ US Patent & Trademark Office-gives national notice

Bob works for Consolidated Manufacturing Company under a contract in which he agrees not to disclose any process he uses while in Consolidated's employ. When Bob goes into business for himself, he copies some of Consolidated's unique production techniques. Bob has committed trademark infringement. patent infringement. copyright infringement. theft of a trade secret.

theft of a trade secret

Sales Track, Inc., creates, makes, and sells inventory control software for businesses. Generally, copyright protection extends to no parts of the software. the "look and feel" of the software. those parts of the software that can be read by humans. the brand name of the software.

those parts of the software that can be read by humans

To identify its goods, Nationwide Products uses a red, white, and blue symbol that combines the letter N and a map of the United States. This symbol is protected by trademark law. copyright law. patent law. all of the above.

trademark law

trademark vs. service mark

trademark offers product for sale service mark: offers service

distinctive marks

trademarks protected: most distinctive if -fanciful (invented words) -arbitrary (common words) -suggestive (bring to mind something about a product w/o describing it)

trade name

used to indicate part of all of a business's name ex/ use Mcdonalds instead of Mcdonalds Corporation (legal name) -words must be fancifully or unusual

Cybersquatting

when a person registers a domain name that is the same as or confusingly similar to the trademark of another & then offers to sell the domain name back to the trademark owner -Anticybersquatting consumer protection act: "bad faith intent"

who receives automatic copyright protection & how long

works created after jan 1, 1978 for the life of the author plus 70 years

protected expression

works that are copyrightable -literary -musical -dramatic -choreographic & pantomimes -pictorial, graphic, sculptural -motion pictures, audiovisual -sound -computer software

Ordinarily, you may not reproduce a copyrighted object without the owner's permission. The exception to this general rule is contained in the Lanham Act. appropriation doctrine. "fair use" doctrine. "fair copy" doctrine.

"fair use" doctrine.

Anti-Counterfeiting Trade Agreement

-increase international cooperation -facilitate the best law enforcement practices -provide a legal framework to combat counterfeiting applies to physical goods & pirated copyrighted works being distributed online