Chapter 8 Flashcards
If an owner of intellectual property allows another to use that property, not all protection is forfeited.
True or false
true
Trademark dilution laws:
Multiple Choice
protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur.
are intended at protecting consumers rather than focusing on protecting the investment of trademark owners.
require the licensee to transfer any inventions it derives from the licensed technology to the licensor.
permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment.
protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur.
Under the principle of first in time equals first in right, priority ordinarily comes with earlier use of a mark in commerce.
true or false
true
A distinctive word, name, symbol or device used by a business to distinguish its goods from those of its competitors is known as a(n):
Multiple Choice
Trade secret
Copyright
Trademark
Patent
Trademark
Any incremental patent changes used by a business will not increase the time of protection awarded by a patent.
True or false
true
To obtain a copyright, the author must register the protected work with the appropriate government office.
true or false
false
The United States follows the “first to invent” rule with regards to patents.
true or false
false
A patent:
Multiple Choice
creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies.
includes articles or processes falling under the category of physical phenomena or abstract ideas.
grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period.
deprives competitors of the opportunity to use the invention without the patent holder’s consent.
deprives competitors of the opportunity to use the invention without the patent holder’s consent.
Which of the following never expires?
Multiple Choice
Copyright
Trade Secret
Patent
Trademark
Trade Secret
If a term is __________, courts treat it as distinctive and automatically qualify it for trademark protection.
Multiple Choice
arbitrary
generic
descriptive
nonspecific
arbitrary
Which of the following is an advantage of licensing?
Multiple Choice
It subjects both the licensor and the licensee to the terms and conditions of the International Commercial Code (ICC).
It permits quicker foreign market penetration than direct investment.
It allows the licensee to directly benefit by receiving royalty payments.
It maximizes the physical and financial presence of a business overseas.
It permits quicker foreign market penetration than direct investment.
Dan, an employee of ABC Company, endorses and recommends the products of ABC Company on its online website. Which of the following is true regarding Federal Trade Commission regulation, if any, of his activity?
Multiple Choice
Federal Trade Commission guidelines prohibit an employee from endorsing a product or service provided by the employee’s employer.
Federal Trade Commission guidelines require that people endorsing a product or service must disclose their affiliation with the producer or service provider.
Federal Trade Commission guidelines require that people get prior approval from the Commission prior to endorsing a producer or service provider.
There are no Federal Trade Commission guidelines addressing such activity.
Federal Trade Commission guidelines require that people endorsing a product or service must disclose their affiliation with the producer or service provider.
Which of the following creates a temporary monopoly to encourage the development of new technologies?
Multiple Choice
Trade Secret
Patent
Trademark
Copyright
Patent
Which of the following protects against the unauthorized reproduction of creative works such as books, plays, musical compositions and films?
Multiple Choice
Copyrights
Service marks
Trademarks
Patents
Copyrights
A trademark is eligible for registration in the absence of prior commercial use.
true or false
false
