Chapter 9: Intellectual Property

Chapter 9: Intellectual Property

Assessment

Flashcard

Business

University

Easy

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Used 2+ times

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31 questions

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1.

FLASHCARD QUESTION

Front

When does a trademark become generic?

Back

When the general public uses it in a manner other than referring to the product. Owner MUST take steps to protect it. i.e Thermos, aspirin, escalator, trampoline, dry ice, linoleum, nylon, cornflakes.

2.

FLASHCARD QUESTION

Front

What are the factors to prove infringement?

Back

Plaintiff must prove validity and confusion caused by defendant's use. Must prove who used it first, mark distinctiveness, and address context.

3.

FLASHCARD QUESTION

Front

What remedies are provided if infringement is found?

Back

Notify defendant, file a cease and desist, file injunction.

4.

FLASHCARD QUESTION

Front

What is dilution?

Back

The use of the mark for a different, lousier product (products do not have to be similar). Thus diluting the strength of the trademark.

5.

FLASHCARD QUESTION

Front

What type of mark CANNOT be protected?

Back

Generic Mark.

6.

FLASHCARD QUESTION

Front

What are the exclusive rights of the copyright holder?

Back

Make examples, derivatives, copies, display, perform, reproduce, and give to public.

7.

FLASHCARD QUESTION

Front

What factors dictate fair use?

Back

Purpose and character of use.
Nature of work.

Amount used.

Effect on value.

(Parodies and satire protected)

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