Chapter 8 - Intellectual Property Rights

Question 1

Trademarks

Answer 1

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

Question 2

Lanham Act

Answer 2

Protects manufacturers from losing money from competitors that use their trademarks. Provides them with remedies for money lost.

Question 3

Trademark Dilution

Answer 3

Diluting the significance of someone’s trademark. When a trademark is used in a way that diminishes its distinctive quality.

Question 4

USPTO

Answer 4

United States Patent and Trademark Office.

Question 5

Genericide

Answer 5

When a trademark changes from identifying a single product to an entire category of the product.

Question 6

Infringement

Answer 6

Used without authorization.

Question 7

Test to Determine Infringement

Answer 7

Likelihood of confusion.

Question 8

Strong Marks

Answer 8

Distinguishes the mark. Fanciful, arbitrary, or suggestive trademarks are generally considered to be the most distinctive (strongest) trademarks.

Question 9

Secondary Meaning

Answer 9

Descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law until they acquire a secondary meaning.

Question 10

Generic Terms

Answer 10

No meaning.

Question 11

Service Mark

Answer 11

A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others.

Question 12

Certification Mark

Answer 12

A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner’s goods or services.

Question 13

Collective Mark

Answer 13

A mark used by members of a cooperative, association, or other organization to certify the region, materials, mode of manufacture, quality, or accuracy of the specific goods or services.

Question 14

Trade Dress

Answer 14

Image/appearance of a product.

Question 15

SCMGA

Answer 15

Stop Counterfeiting in Manufactured Goods Act.

Question 16

Trade Name

Answer 16

Must be related to a trademark, distinct, or a service mark.

Question 17

License

Answer 17

Provided for a licensee to legally use a trademark by paying royalties to the licensor.

Question 18

Patent

Answer 18

Given by the government to an inventor for a twenty-year period. After that, others can make, sell, or use the invention.

Question 19

Patent Infringement

Answer 19

Tort committed when a firm makes, uses, or sells another’s patented design without the patent owner’s approval.

Question 20

Copyright

Answer 20

Same as trademark but applied to art, literature, and intellectual property.

Question 21

Copyright Act of 1976

Answer 21

Governs copyrights. Gives statutory copyright protection for the life of the author plus 70 years.

Question 22

Section 102

Answer 22

Section of Copyright Act that protects original works of authorship.

Question 23

Compilations of Facts

Answer 23

Copyrightable work formed by the collection and assembling of preexisting materials or data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.

Question 24

Remedies for Copyright Infringement

Answer 24

Damages or penalties, statutory damages (not to exceed $150,000), fines or imprisonment, permanent injunction.

Question 25

Fair Use Exception

Answer 25

Exception from copyright infringement where an organization or person can reproduce copyrighted material without paying for royalties.

Question 26

First Sale Doctrine

Answer 26

Once the copyright owner sells a copy of their work, they no longer have control of the distribution of that copy.

Question 27

Trade Secret

Answer 27

Unknown information that gives a business an advantage over competitors. Protected under common law and the Restatement of Torts.

Question 28

Restatement of Torts (Section 757)

Answer 28

Those who disclose or use another’s trade secret, without authorization, are liable if either of the following is true.

Question 29

Forms of Intellectual Property

Answer 29

Patents, Copyrights, Trademarks, Trade Secrets.

Question 30

Paris Convention

Answer 30

An international treaty established in 1883 to protect intellectual property rights and ensure that individuals and businesses from one member country receive the same intellectual property protections in other member countries as they would in their home country.

Question 31

Berne Convention

Answer 31

Automatic copyright recognition among member countries.

Question 32

TRIPS

Answer 32

Trade-related aspects of intellectual property rights. Sets global standards for intellectual property protection, establishes standards and procedures, prohibits discrimination.

Question 33

Madrid Protocol

Answer 33

Simplifies international trademark registration.

Question 34

Anti-Counterfeiting Trade Agreement

Answer 34

Strengthens anti-counterfeiting enforcement.