ch 8

Question 1

_____ property is the work of the human mind which consists of the products that result from intellectual and creative processes

Answer 1

intellectual

Question 2

______ is when someone uses your intellectual property without your permission

Answer 2

infringement

Question 3

what are the 4 types of intellectual property rights?

Answer 3

trademarks, patents, copyrights, and trade secrets

Question 4

what are 4 examples she gave us of intellect & creativity than can become intellectual properties?

Answer 4

names, logos, menus, architectural plans

Question 5

what are NON examples of intellectual property? (AKA other types of property we can own)

Answer 5

land, consumer goods

Question 6

what is used to avoid a lawsuit for infringements on an intellectual property that a user of another’s property can enter into a contract to receive rights to use the property & in exchange pay royalty?

Answer 6

licensing agreement

Question 7

_________ can be defined as a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known.

Answer 7

trademarks

Question 8

what is the statutory protection of trademarks?

Answer 8

The Lanham Trademark Act of 1946

Question 9

The Lanham Trademark Act of 1946 was amended in 1995 by the…

Answer 9

The Federal Trademark Dilution Act

Question 10

which act can protect you mark across all industries?

Answer 10

The Federal Trademark Dilution Act

Question 11

which act focuses on famous marks?

Answer 11

The Federal Trademark Dilution Revision Act 2006

Question 12

what must the plaintiff prove for The Federal Trademark Dilution Revision Act 2006? (4 things)

Answer 12

1. you have a famous mark
2. defendant has been using the famous mark (dilutes the plaintiff’s market share)
3. similarity gives rise to an association between the marks
4. association is likely to impair the distinctiveness of famous mark

Question 13

do famous marks have to be identical to sue under The Federal Trademark Dilution Revision Act 2006

Answer 13

no

Question 14

Trademark Registration: trademarks may be registered with the _____ or _____ government. To register _____ , a person must file an application with the U.S. Patent and Trademark
Office in Washington, D.C

Answer 14

state, federal, federally

Question 15

A trademark can be registered if:
1.
2.

Answer 15

1. it is currently in commerce or
2. the applicant intends to put it into commerce within
   6 months

Question 16

_________ ________ is when a trademark is copied to
a substantial degree or used in its entirety by another,
intentionally or unintentionally, the trademark has been
infringed

Answer 16

trademark infringement

Question 17

if you register your trademark at the state level, it is only protected in…

Answer 17

that state

Question 18

what label indicated a federal registration? non-federal registration?

Answer 18

®, TM

Question 19

what is required for infringement?

Answer 19

injunction

Question 20

which mark will usually win in a case? why?

Answer 20

federally registered because they are usually more liquid financially

Question 21

________ of Mark: trademark must be sufficiently distinct to enable consumers to identify the manufacturer of the goods easily and to distinguish between those goods and competing products

Answer 21

distinctiveness

Question 22

which kind of mark is likely to be approved faster?

Answer 22

strong marks

Question 23

what are the 3 types of strong marks?

Answer 23

1. Fanciful Trademarks
2. Arbitrary Trademarks
3. Suggestive Trademarks

Question 24

_______ Trademarks – imply something about a
product w/o directly describing the product

Answer 24

suggestive

Question 25

_______Trademarks – those that use common words in an uncommon way that is non-descriptive

Answer 25

arbitrary

Question 26

______Trademarks – include invented words

Answer 26

fanciful

Question 27

t/f: not all trademarks will fit into one of the strong marks or will be accepted

Answer 27

true

Question 28

_______ Meaning – descriptive terms, geographic terms, and Generic Terms like bicycle and computer do not receive protection even if they acquire a secondary meaning

Answer 28

secondary

Question 29

Generic Terms like ______ and ______ do not receive protection even if they acquire a secondary meaning.

Answer 29

bicycle, computer

Question 30

______ ____ is something like the motif of a restaurant or place

Answer 30

trade dress

Question 31

how long does a patent protect an INVENTION?

Answer 31

a period of 20 years

Question 32

how long does a patent protect a DESIGN?

Answer 32

period of 14 years

Question 33

Since 2011 the patent protections begin when the patent application is ....

Answer 33

filed, not when the patent is issued

Question 34

t/f: first person to file the patent application receives the patent protection

Answer 34

true

Question 35

Challenges to a patent on any grounds are prohibited for first ___ ______

Answer 35

9 months

Question 36

what is patentable?

Answer 36

anything that is novel and not obvious

Question 37

what is not patentable?

Answer 37

the laws of nature; natural phenomena; abstract ideas, including algorithms.

Question 38

______ infringement is when a firm makes, uses, or sells another’s patented design, product, or process without the patent owner’s permission, the tort of patent infringement occurs.

Answer 38

patent

Question 39

t/f: all steps of a business process design have to be copied for patent infringement

Answer 39

true

Question 40

t/f: all steps of an invention/design have to be copied for patent infringement

Answer 40

no, just parts

Question 41

what are the 4 remedies for patent infringement?

Answer 41

1. injunctions 2. damages for royalties and lost profits 3. attorney fees 3. treble damages (triple)

Question 42

for an injunction, the patent holder must prove they suffered ______ ______ and that the public was ____

Answer 42

irreparable injury, harmed

Question 43

attorney feeds for patent infringements are paid by the infringer only if...

Answer 43

there's malicious behavior or willful infringement