Legal 2700 Hackleman Test 3 UPDATED ACTUAL Questions
and CORRECT Answers
intellectual property property relationships better at allocating scarce resources compared to legal
relationships
trade secret knowledge or information kept as a secret or given to public for economic value
trademark slogans can get a ____but not a copyright
misappropriated to prove violation for anothers trade secret, one must 1. prove a trade secret
exists 2. prove they _ the info
misappropriation wrongful taking (burglary/hacking) and use/disclosure of a trade secret
trade secret audit first step in establishing existence of a trade secret- this identifies the confidential
information- ex. the plan, knowledge of customers/suppliers
injunction order by a judge to prevent former employees from using a trade
secret/disclosing
economic espionage act this act makes it illegal to steal trade secrets, true when it benefits a foreign
government- remedy: fines and imprisonment
patent law protects new inventions, exclusive right for a limited period of time, usually 20
years
utility patent patent for useful, functional inventions
design patent patent that protects appearances, creative look- unrelated to the function, 14
years
plant patent patent that protects a new variety of asexually reproduced plants
america invents act act that switched from first to invent to first to file system
Overlapping rights Provide an opportunity for firms to purchase patent rights and sue companies-
can't produce something if you only have a patent on a PART of it
Patent troll Business people that don't invest they just buy patents and get settlements from
suing for infringement
Fee shifting Way to reduce patent trolling- force losing party to pay winning party's costs, a
troll with no case won't make the threat
, Trademark Mark on what is produced o represent the origin of goods and services- register
with PTO
R Registered trademark
TM Not registered trademark- can still sue for infringement
Trademark infringement Intentional use of a mark or making one too similar
Service mark Advertising of a service not a product
Certification mark Mark by someone other than the owner t certify the quality, point of origin of
goods and services
Collective mark Mark representing membership in an organization- national football league logo
Trade dress The look of the product- color/shape associated with it
Official gazette After registered w PTO mark is placed in ______ which gives the other mark
owners notice allows them to speak up if its too similar to their own
6 trade mark has unlimited life, but after ___ years the trademark owner must notify
the PTO that the trademark is still in use
secondary meaning trademark can only be a person's name if its on the supplemental register for 5
years and it acquires a ____ ___
trademark infringement civil violation of a ____- unintentional or willful use, messing with the reputation or
confusing the public about the identity of the user
criminal a __ violation of the trademark is those who manufacutre imitation products like
fake rolex
federal trademark dilution act this act made it easier to win a dilution case
blurring type of dilution: when a firm uses a mark and sways the distinctiveness of a famous
mark- in a tv show everything is designed like mcdonalds but its not mcdonalds
tarnishment type of dilution- usage of a mark to create a negative impression about the
famous company
copyright exclusive right to copy&market original expression- music, video, choreography-
must be in a fixed medium of expression
death+70 lifetime of a copyright
public domain anything published before 1923 is in the_______, copyright has expired by law
and CORRECT Answers
intellectual property property relationships better at allocating scarce resources compared to legal
relationships
trade secret knowledge or information kept as a secret or given to public for economic value
trademark slogans can get a ____but not a copyright
misappropriated to prove violation for anothers trade secret, one must 1. prove a trade secret
exists 2. prove they _ the info
misappropriation wrongful taking (burglary/hacking) and use/disclosure of a trade secret
trade secret audit first step in establishing existence of a trade secret- this identifies the confidential
information- ex. the plan, knowledge of customers/suppliers
injunction order by a judge to prevent former employees from using a trade
secret/disclosing
economic espionage act this act makes it illegal to steal trade secrets, true when it benefits a foreign
government- remedy: fines and imprisonment
patent law protects new inventions, exclusive right for a limited period of time, usually 20
years
utility patent patent for useful, functional inventions
design patent patent that protects appearances, creative look- unrelated to the function, 14
years
plant patent patent that protects a new variety of asexually reproduced plants
america invents act act that switched from first to invent to first to file system
Overlapping rights Provide an opportunity for firms to purchase patent rights and sue companies-
can't produce something if you only have a patent on a PART of it
Patent troll Business people that don't invest they just buy patents and get settlements from
suing for infringement
Fee shifting Way to reduce patent trolling- force losing party to pay winning party's costs, a
troll with no case won't make the threat
, Trademark Mark on what is produced o represent the origin of goods and services- register
with PTO
R Registered trademark
TM Not registered trademark- can still sue for infringement
Trademark infringement Intentional use of a mark or making one too similar
Service mark Advertising of a service not a product
Certification mark Mark by someone other than the owner t certify the quality, point of origin of
goods and services
Collective mark Mark representing membership in an organization- national football league logo
Trade dress The look of the product- color/shape associated with it
Official gazette After registered w PTO mark is placed in ______ which gives the other mark
owners notice allows them to speak up if its too similar to their own
6 trade mark has unlimited life, but after ___ years the trademark owner must notify
the PTO that the trademark is still in use
secondary meaning trademark can only be a person's name if its on the supplemental register for 5
years and it acquires a ____ ___
trademark infringement civil violation of a ____- unintentional or willful use, messing with the reputation or
confusing the public about the identity of the user
criminal a __ violation of the trademark is those who manufacutre imitation products like
fake rolex
federal trademark dilution act this act made it easier to win a dilution case
blurring type of dilution: when a firm uses a mark and sways the distinctiveness of a famous
mark- in a tv show everything is designed like mcdonalds but its not mcdonalds
tarnishment type of dilution- usage of a mark to create a negative impression about the
famous company
copyright exclusive right to copy&market original expression- music, video, choreography-
must be in a fixed medium of expression
death+70 lifetime of a copyright
public domain anything published before 1923 is in the_______, copyright has expired by law
