Business Law Chapter 11
Which of the following statements is true of trade secrets?
. Establishment of the existence of trade secrets is a critical step in the control of valuable knowledge resources.
In the context of patentable subject matter, which of the following refers to doing something through a series of operations?
. process
Trade Secret
A ______ is any form of knowledge or information that has economic value from not being generally known to others or readily ascertainable by proper means and has been the subject of reasonable efforts by the owner to maintain secrecy.
utility
A(n) _____ patent applies to useful, functional inventions.
For a name to be trademarked, ______.
B. it must be listed on the Supplemental Register for five years and have acquired a secondary meaning
Which of the following statements is true of intellectual property?
C. The basic economic system of intellectual property is grounded in the idea of incentives.
infringement
Civil violation of a trademark or a patent
Hillward Bakers Inc. has been using a logo with the letters "HB" in blue color and a baker's hat above these letters since its inception ten years ago. This logo has since been connected with Hillward Bakery by its customers. Hobert Bakers Inc., a newly opened bakery and confectionary chain, uses the same logo. Hillward has not registered its logo, but chooses to sue Hobert. Which of the following is true of this case?
Hillward can sue Hobert since the logo has been used by Hillward and is associated with it.
Which of the following statements is true of misappropriation?
If one acquires a secret from another who has a duty to maintain secrecy and one knows of that duty, misappropriation has occurred.
Which of the following is true of trade dress
It is protected by the law from being copied as long as it is distinctive.
Which of the following is true of copyright law?
It protects original, creative expression.
The fair use of a registered trademark defense was established in the ______.
Lanham Act
Which of the following statements is true of patents?
Many of the basic principles of modern patent law are sourced from the Venetian Patent Act of 1474.
In the context of patentable subject matter, which of the following characteristics about an invention indicates that something is new and different from the prior art
Novelty
. As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ______, which gives existing mark owners notice and allows for objection
Official Gazette
Which of the following statements is true of the Economic Espionage Act (EEA)?
One of the provisions of the EEA makes one liable for misappropriation to benefit a foreign government.
Which of the following is true of a trademark?
Owners can sue for infringement and claim rights on a trademark even if they have not registered it.
Which of the following protects a "famous" trademark, even if the owner is unable to prove that the public is confused by another's use of a similar mark, and provides the owner with the infringer's profits and actual damages?
The Federal Trademark Dilution Act
Which of the following statements is true of design patents?
The duration of a design patent is 14 years from the date of issue.
royalty
The payment of a fee in connection with permission to use protected copyrighted works
Which of the following is a defense to a charge of trademark infringement?
The use is a "fair use."
secondary meaning
______ refers to a public meaning that is different from its meaning as a person's name or as a distinctive term, a public meaning that makes the name or term distinctive.
Misappropriation of a trade secret occurs when ______.
a person improperly acquires secret information through burglary, espionage, or computer hacking
. Which of the following is an instance of trademark infringement?
an accidental design of one's own mark too similarly to another's
Which of the following is actually intended to be used by someone other than the owner?
certification marks
In the context of utility patents, which of the following terms refers to the details about the subject matter that an inventor regards as the invention?
claims
According to the Lanham Act of 1946, which of the following is a mark representing membership in a certain organization or association
collective mark
Radford School is certified by the United Federation of Planets Academy of Business and Managements Schools. The icon of the school used on its website has the words "Member of UFPABMS." This icon is a ______.
collective mark
Which of the following is a function of a trademark?
distinctiveness
A trademark becomes ______ when, through the owner's actions or another's inappropriate use, the mark becomes synonymous in the consumers' mind with the name of the goods or services.
generic
Which of the following is most likely to be the first step taken by a business to protect its trade secrets?
identify confidential knowledge-based resources by conducting a trade secret audit
injunction
is an order by a judge either to do something or to refrain from doing something.
To violate another's trade secret rights, one must ______.
misappropriate the information
Which of the following types of intellectual property can be assigned to the invention of a plant that can be reproduced asexually?
patent
The Patent and Trademark Office (PTO) assigns a ______ to consider a patent application.
patent examiner
Trade dress
refers to a colored design or shape associated with a product or service.
A school's seal and logo are examples of which type of intellectual property?
service marks
When you purchase an item from Globus Corp., they place the item in a paper bag with handles and vertical yellow, blue, and white stripes. Even without seeing the words "Globus Corp." on the bag, many people recognize that the purchase is from Globus. The bag's coloring and design is considered its ______.
trade dress
The Nike "swoosh" and McDonald's golden arches are examples of which type of
trademark
