Flashcards in CH 10 Test 1 Deck (64)
through advertising, use and association, over time, an ordinary descriptive word or phase has taken on a new source-identifying meaning and functions as a mark in the eyes of the public.
exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work.
term for those who register and set up domain names on the Internet for resale to the famous users of the names in question.
capable of serving the source-identifying function of a mark.
specific form of expression embodied in a chip design, including the stencils used in manufacturing semiconductor chip products.
a showing that an invention as a whole would have been obvious to a person of ordinary skill in the art when the invention was patented.
is a legal term signifying the words in question have taken on a new meaning with the public, capable of serving a sourceidentifying function of a mark.
product product placed on a piece of semiconductor material in accordance with a predetermined pattern that is intended to perform electronic circuitry functions.
mark that identifies a service.
product’s total image including its overall packaging look.
any formula, device, or compilation of information that is used in one’s business and is of such a nature that it provides an advantage over competitors who do not have the information.
that identifies a product.
A trademark is any word, name, symbol, device, or combination of these used to identify a product.
Trademarks may be used to protect the exclusive right to identify either products or services.
Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.
Trademarks and service marks are recorded with the Register of Copyrights.
Descriptive terms such as locations and colors are never subject to trademark protections.
Generic terms that refer to a type or class of goods are never subject to trademark protection.
Trade dress refers to the packaging look and overall image of a product.
Protection for trade dress is available under the Lanham Act.
To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant’s trade dress is confusingly similar to the plaintiff’s.
Cybersquatters are individuals who register and set up domain names on the Internet that are identical or confusingly similar to existing trademarks in the hopes they can sell the name to the trademark owner.
A copyright prevents the copying of an idea.
A copyright is the exclusive right given by federal statutes to the creator of a literary or an artistic work to use, reproduce, and display the work.
The typical U.S. copyright now runs for 28 years, with a right of renewal for an additional 28 years.
Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.
Under the Berne Convention Implementation Act of 1988, it is no longer mandatory that works published after March 1, 1989 contain a notice of copyright.
In order for a work to be copyrightable, it must possess a significant amount of creativity.
An owner of a copyright may license some of his or her rights to another in exchange for royalty payments.