WorksheetsBLAW 201 Chapter 9 Intellectual Property
Total questions: 15
Worksheet time: 8mins
When does a trademark become generic?
When the owner stops using it
When it is used by the general public to refer to the product
When it is registered in multiple countries
When it is used in advertising
What are the factors to prove infringement?
Prove the trademark is old
Prove the trademark is expensive
Prove validity and confusion caused by defendant's use
Prove the trademark is popular
What type of mark CANNOT be protected?
Descriptive Mark
Suggestive Mark
Arbitrary Mark
Generic Mark
What do Exclusive Rights of Patents allow?
Allow the inventor to prevent others from making, using, or selling the invention.
Allow the inventor to share the invention freely.
Allow the inventor to sell the invention without restrictions.
Allow the inventor to use the invention for personal purposes only.
What are the three non-Patentable Categories?
Laws of nature, Natural phenomena, Abstract ideas
Inventions, Designs, Trademarks
Software, Hardware, Algorithms
Books, Music, Art
What is a patent?
A grant from the federal government that protects new inventions or discoveries
A type of trademark for logos and brand names
A copyright for written works
A license for using a specific technology
A registered trademark is denoted by what symbol?
The R
The C
The TM
The SM
What does the Lanham Act do?
Prevents consumer confusion, protect trademark owners' rights, and promote fair competition
Regulates international trade agreements
Establishes patent laws
Defines copyright durations
Dilution is proved by what two things?
Trademark holder must prove value/reputation of mark and defendants use of mark diminishes impact of distinctions between products
Trademark holder must show financial loss and consumer confusion
Trademark holder must demonstrate market share and brand loyalty
Trademark holder must provide evidence of advertising and sales
What are the requirements for a work to be copyrightable?
Work must be original and some degree of creativity.
Work must be an idea.
Work must be unpublished.
Work must be a physical object.
What must a work be fixed in to be copyrightable?
A durable medium
A temporary medium
A digital format
A verbal agreement
What can copyrights be used for?
Leasing or selling
Destroying
Hiding
Ignoring
What is necessary for a work to be communicated under copyright law?
It must be in a durable medium
It must be in a foreign language
It must be unpublished
It must be a physical object
What did the courts say about the jewelry case?
The designs were completely different.
The designs were too similar.
The designs were outdated.
The designs were innovative.
What was the main legal issue in the jewelry case?
Patent infringement
Copyright distinction
Trademark violation
Design patent
