legal final exam chapter 5 patents

Question 1

any property resulting from intellectual, creative processes- the products of an indviidual’s mind

Answer 1

intellectual property

Question 2

information contained in books and computer files is

Answer 2

intellectual property

Question 3

a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguishes it products from those made or sold by others

Answer 3

trademark

Question 4

statutory protection of trademarks and related property is provided at the…

Answer 4

federal level by the Lanham Act of 1946

Question 5

this act was enacted in part to protect manufacturers from losing business to rival companies that used confusingly similar trademarks

Answer 5

the lanham act

Question 6

in 1995, congress amended the lanham act by passing the federal trademark dilution act, which allowed trademark owners to

Answer 6

bring suits in federeal court for trademark dilution

Question 7

where famous trademarks are protected from certain unauthorized uses of the marks, regardless of a showing of competition or a likelihood or confusion

Answer 7

dilution

Question 8

under the TDRA, to state for a trademark dilution, a plaintiff must prove the following

Answer 8

1. plaintiff owns a famous mark that is distinctive
2. defendant has begun using a mark in commerce that allegedly is diluting the famous mark
3. similarity between the defendant’s mark and the famous mark gives rise to an association between the marks
4. association is likely to impair the distinctive of the famous mark or harm its reputation

Question 9

a famous mark may be diluted not only by the use of an identical mark but also by the use of a

Answer 9

similar mark, provided that it reduces the value of the famous mark

Question 10

trademarks may be registered with the state or with the

Answer 10

federal government

Question 11

to register for protection under federal trademark law, a person must file an

Answer 11

application with the U.S patent and trademark office in washington D.C, a

Question 12

registration of a trademark with the U.S. patent and trademark office gives notice on a nationwide basis that the trademark belongs exclusively to the

Answer 12

registant

Question 13

whenever someone else uses the trademark in its entirety or copies it to a substantial degree, intentionally or unintentionally, the trademark has been

Answer 13

infringed (used without authorization)

Question 14

to succeed in a lawsuit for trademark infrigement, the owner must show that the defendant use of the mark created a liklihood of

Answer 14

confusion about the origin of the defendant’s goods or services

Question 15

The owner doesn’t have to show that the person who copied their trademark did it on purpose, or

Answer 15

that the trademark was officially registered (though having it registered does prove when it started being used).

Question 16

the remedy most commonly granted for trademark infringement is an

Answer 16

injunction to prevent further infringement

Question 17

under the lanham act, a trademark owner that successfully proves infringement can recover actual damages,

Answer 17

plus the profits that the infringer wrongfully received from the unauthorized use of the mark

Question 18

the central objective of the lanham act is to

Answer 18

reduce the likelihood that consumers will be confused by similar marks

Question 19

only trademarks that are deemed sufficiently distinctive from all competing trademarks will be

Answer 19

protected

Question 20

a trademark may not be

Answer 20

derogatory, or falsely suggest a connection with persons, living or dead, beliefs or national symbols

Question 21

fanciful, arbitrary, or suggestive trademarks are generally considered to be the

Answer 21

most distinctive trademarks, bc they are normally taken from outside the context of the particular product

Question 22

strong marks provide the best means of

Answer 22

distinguishing one product from another

Question 23

fanciful trademarks include invented works like

Answer 23

google

Question 24

arbitrary trademarks are common words that would not ordinarily be associated with

Answer 24

the product, such as dutch boy for paint

Question 25

suggestive tradearks bring to mind something about a product

Answer 25

without describing the product directly

Question 26

an example of suggestive trademark would be dairy queen it suggests an association between

Answer 26

its products and milks but does not directly describe the icecream

Question 27

a secondary meaning arises when customers begin to associated a

Answer 27

specific term or phrase like “london fog”

Question 28

generic terms are terms that refer to an entire

Answer 28

class of products, like bicycle and computer

Question 29

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

Answer 29

service mark

Question 30

other marks protected by law include certification marks and

Answer 30

collective marks

Question 31

used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services

Answer 31

certification mark

Question 32

when used by members of a cooperative, assocation, labor union, or other organization, a certification mark is referred to as a

Answer 32

collective mark

Question 33

refers to the image and overall appearance of a product

Answer 33

trade dress

Question 34

broad concept that can include all or part of the total image or overall impression created by a product or its packaging

Answer 34

trade dress

Question 35

congress has enacted statues against couterfeit goods, the US cannot prosecture foreign counterfeiters because

Answer 35

our national laws do not apply to them

Question 36

one effective tool that U.S officials are using to combat online sales of counterfeit goods is to obtain a court order to

Answer 36

close down the domain names of web sites that sell such goods

Question 37

this act made it a crime to intentionally traffic in or attempt to traffic in, counterfeit goods or services, or to knowingly use a counterfeit mark on or in connection with goods or services

Answer 37

stop counterfeiting in manufactured goods act (SCMGA)

Question 38

Persons found guilty for violating the SCGMA may be fined up to

Answer 38

2 million or imprisoned for up to ten years

Question 39

if court finds that the statute was violated, it must order the defendant to forfeit the counterfeit products as well as

Answer 39

any property used in the commission of the crime

Question 40

used to indicate part or all of a business’s name, whether the business is a sole proprietorship, a partnership, or a corporation

Answer 40

trade name

Question 41

trade names may be protected as trademarks if the trade name is the

Answer 41

same as the company’s trademarked product, like coca-cola

Question 42

one way to make use of another’s trademark or other form of intellectual property, while avoiding litigation, is to obtain a

Answer 42

license

Question 43

in this context is an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain limited purposes

Answer 43

A license

Question 44

Grant from the government that gives an inventory the exclusive right to make, use, and sell an invention for a period of twenty years

Answer 44

patent

Question 45

patent for designed, opposed to inventions, are given for

Answer 45

40 year period

Question 46

the first person to file an application for a patent on a product or process will

Answer 46

recieve patent protection

Question 47

the period of patent protection begins on the date when the patent application is

Answer 47

filed, rather than when the patent is issued

Question 48

significant development relating to patents is the

Answer 48

availability online on the world’s patent databases

Question 49

the website of the U.S patent and trademark office (www.uspto.gov) provides searchable

Answer 49

databases covering U.S patents granted since 1976

Question 50

the website of the european patent office (www.epo.org) provides online access to

Answer 50

50 million patent documents in more than 70 nations through a searchable network of databases

Question 51

because patents are valuable assets, businesses may need to

Answer 51

perform patent searches to list or inventory their assets

Question 52

to be patentable, an invention must be

Answer 52

novel, useful, and not obvious in light of current technology

Question 53

almost anything is patentable, except for laws of nature, ____, and ___

Answer 53

natural phenomena, and abstract ideas

Question 54

if a firm makes, uses, or sells another’s patented design, product, or process without the patent owner’s permission, it commits the tort of

Answer 54

patent infringement

Question 55

patent infringement may occur even though the patent owner has

Answer 55

not put the patented product in commerce

Question 56

companies that specialize in developing new technology stand to lose significant profits if someone

Answer 56

makes, uses, or sells devices that incorporate their patented inventions

Question 57

The patent holder can seek an injunction against the infringer and can also request

Answer 57

damages for royalties and lost profits

Question 58

according to the supreme court, a patent holder must prove that is has suffered irreparable injury and that the

Answer 58

public interest would not be disserved by a permanent injunction