CH 10 Test 1 Flashcards Preview

Business Law > CH 10 Test 1 > Flashcards

Flashcards in CH 10 Test 1 Deck (64)
Loading flashcards...
1

acquired distinctiveness

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.

2

copyright

exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work.

3

cybersquatters

term for those who register and set up domain names on the Internet for resale to the famous users of the names in question.

4

distinctiveness

capable of serving the source-identifying function of a mark.

5

mask work

specific form of expression embodied in a chip design, including the stencils used in manufacturing semiconductor chip products.

6

prior art

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.

7

secondary meaning

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.

8

semiconductor chip

product product placed on a piece of semiconductor material in accordance with a predetermined pattern that is intended to perform electronic circuitry functions.

9

service mark

mark that identifies a service.

10

trade dress

product’s total image including its overall packaging look.

11

trade secret

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.

12

trademark mark

that identifies a product.

13

TRUE/FALSE

A trademark is any word, name, symbol, device, or combination of these used to identify a product.

TRUE

14

TRUE/FALSE

Trademarks may be used to protect the exclusive right to identify either products or services.

FALSE

15

TRUE/FALSE

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.

FALSE

16

TRUE/FALSE

Trademarks and service marks are recorded with the Register of Copyrights.

FALSE

17

TRUE/FALSE

Descriptive terms such as locations and colors are never subject to trademark protections.

FALSE

18

TRUE/FALSE

Generic terms that refer to a type or class of goods are never subject to trademark protection.

TRUE

19

TRUE/FALSE

Trade dress refers to the packaging look and overall image of a product.

TRUE

20

TRUE/FALSE

Protection for trade dress is available under the Lanham Act.

TRUE

21

TRUE/FALSE

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.

TRUE

22

TRUE/FALSE

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.

TRUE

23

TRUE/FALSE

A copyright prevents the copying of an idea.

FALSE

24

TRUE/FALSE

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.

TRUE

25

TRUE/FALSE

The typical U.S. copyright now runs for 28 years, with a right of renewal for an additional 28 years.

FALSE

26

TRUE/FALSE

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

FALSE

27

TRUE/FALSE

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.

TRUE

28

TRUE/FALSE

In order for a work to be copyrightable, it must possess a significant amount of creativity.

FALSE

29

TRUE/FALSE

An owner of a copyright may license some of his or her rights to another in exchange for royalty payments.

TRUE

30

TRUE/FALSE

A copyright owner may prohibit even limited use of copyrighted material if it is used for parody or criticism

FALSE