worksheet chapter 8

A mark may be registered as a trademark with the federal government if it meets one of two criteria. Select the two correct criteria.

1. If it currently is being used in commerce. 2. If it is intended to be in use in commerce within six months.

A patent for an invention lasts for

20 years

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:

Yellow Pages' information is selected and arranged in an original way

There are several remedies available to a copyright owner for copyright infringement. Select three.

1. criminal penalties 2. injunction 3. damages

collective mark

a mark used by members of an association or labor union to certify the region, materials, mode of manufacturer, quality, or accuracy of the goods or services.

service mark

a mark used in the sale or advertising of services to distinguish the services of one person from another. ex: flying delta

certification mark

a mark used one or more persons to certify the regional origin, quality, or accuracy of a good or service.

Which of the following is NOT a category of trade secret?

a marketing logo

is not copyrightable

an original idea

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

computer software copyright act

Under the Trademark Dilution Revision Act, a plaintiff must prove that the plaintiff owns a ? mark that is distinctive; the defendant has begun using a mark that is ? the famous mark; the similarity between the defendant's mark and the famous mark gives rise to an ? between the marks; and this is likely to ? the distinctiveness of the famous mark or result in harm to its ?

famous, diluting, association, impair, reputation

The most strongly protected type of mark is labeled as:

fanciful and arbitrary.

Which example in the following list is unrelated to the concept of intellectual property?

land

The most important statutory protection for trademarks is the:

lanham act

To be patentable, an invention, discovery, process, or design must be:

novel, useful, and not obvious.

Under federal copyright laws, a single-authored book is:

protected for the authors life plus 70 years

Copyright owners generally are protected against unauthorized reproduction of the work, development of derivative works, distribution of the work, and public display of the work.

reproduction, derivative, distribution, display

Patent infringement is a ? It is committed when one uses, makes, or ? another's patented design, product, or process without the patent owner's ? This is true even if the patented product is not yet put into ?

tort, sells, permission, commerce

The distinctive color, furniture, labels, logos and employee uniforms that might be used by a company are known as its:

trade dress

Most state laws, with respect to protection of information of a commercial value, are based on the:

uniform trade secrets act

T/F A 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.

true

T/F A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods.

true

T/F Widely known facts and common sequences are not copyrightable.

true

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

fair use

T/F It is legal to make counterfeit labels and ship them overseas because those labels are not affixed to goods.

false

T/F The first sale doctrine states that once a copyrighted work is sold, it may only be resold with the permission of the original owner.

false

T/F A copyright is a tangible property right; this means that you can touch and feel it.

false

T/F 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.

false

T/F Infringement of a trademark requires intent to infringe, as well as federal registration.

false

T/F A color scheme can never qualify for trademark protection.

false

T/F In 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.

true

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

true