business law chapter 8

A patent for an invention lasts for _____ years.

20

Protocol allows a U.S. company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered.

Madrid

Subsequent to the America Invents Act of 2011, the first person to file a patent application receives patent protection. a. T b. F

T

Agreement establishes standards for international protection of patents, trademarks, and copyrights

TRIPS

A mark may be registered as a trademark with the federal government if it meets one of two criteria. Select the two correct criteria. a. If it currently is being used in commerce b. If it currently has been documented c. If it is intended to be in use in commerce within six months d. If it is intended to be in use in commerce within two years

a c

There are several remedies available to a copyright owner for copyright infringement. Select three of them from this list. a. Criminal penalties b. Liens c. Injunction d. Rescission e. Specific performance f. Damages

a c f

Which of the following is NOT a category of trade secret? a. A marketing logo b. Production techniques c. Pricing information d. A customer list

a logo

n determining whether a use is "fair use" of copyrighted material, the effect of that use upon the potential market for the work is often the most important factor. a. True b. False

a true

in 2011, a number of nations signed the _________ Trade Agreement to combat piracy and global counterfeiting.

anti counterfeiting

Most state laws with respect to protection of information of a commercial value are based on the: a. Model Trademark Act. b. Uniform Trade Secrets Act. c. Uniform Commercial Code. d. Model Business Corporations Act.

b

To be patentable, an invention, discovery, process, or design must be: a. creative, beneficial, and inexpensive. b. novel, useful, and not obvious. c. technological, not obvious, and common. d. creative, useful, and technological.

b

While an alphabetical listing of phone customers cannot be copyrighted, the yellow pages and advertising sections of a phone book may be copyrightable because the: a. yellow pages deal with businesses and not individual names. b. yellow page information is selected and arranged in an original way. c. yellow pages are distinctly yellow.

b

the first sale doctrine states that once a copyrighted work is sold, it may be resold only with the permission of the original owner. a. True b. False

b false

when a U.S. citizen writes a book, every signatory to that convention recognizes the U.S. author's copyright.

berne convention

Under federal copyright laws, a single-authored book is: a. not protected. b. protected forever. c. protected for the author's life plus seventy years. d. protected for two generations of heirs after the author dies.

c

Widely known facts and common sequences are not copyrightable. a. True b. False

c

In 1980, Congress passed the __________ which amended the Copyright Act to include computer programs.

compter software copyright act

A color scheme can never qualify for trademark protection. a. t. b. F

f

If someone uses a small amount of a copyrighted work for a nonprofit, educational purpose, it may be a legal use under the

fair use doctrine

If a business process (and information relating to that process) cannot be patented, copyrighted, or trademarked, there is nothing a business can do to protect it. a. True b. False

false

Infringement of a trademark requires intent to infringe, as well as federal registration. a. True b. False

false

he most important statutory protection for trademarks is the: a. Lanham Act. b. Leghy Act. c. Larman Copyright Act. d. Patent, Trademark, and Copyright Act.

lanham act

The distinctive color, furniture, labels, logos, and employee uniforms that might be used by a company are known as its: a. trademark. b. collective mark. c. trade dress. d. formal trade list.

trade dress

A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods. a. True b. False

true

trade name may be protected under trademark law and may be registered with the federal government so long as it is also used as a trademark or service mark. a. True b. False

true