BUL 4310 FINAL EXAM REVIEW QUESTIONS
Likelihood of confusion - Answer -When two marks are likely to be assumed that they
come from the same source.
Will only exist if the goods/services are in fact related.
Even if two marks are found to be confusingly similar the likelihood of confusion will only
exist
Trademark abandonment - Answer -A registered trademark that has not been used for
3 consecutive years or it has been used improperly
Example: Excessive licensing, owner reassigns rights to another party but fails to
maintain control of proper use, genericism.
Cease and desist notice - Answer -An administrative or judicial order prohibiting.
person or business firm from conducting activities that an agency or court has deemed
illegal
Real value of intellectual property (IP) - Answer -IP value is the strategic advantage
gained by excluding others from using their intellectual property.
70% of asset value of publicly traded organizations is intellectual property.
What is the most rapidly growing form of international business? - Answer -Transferring
intellectual property
Trade secret - Answer -Information or process that gives a business an advantage over
competitors who do not know the information
Example: Customer lists, plans, production techniques, etc.
Trade dress - Answer -The image and overall appearance of a product
Example: Distinctive decor, menu, layout, and style of a particular restaurant
How long is copyright protection? - Answer -For the life of the author plus 70 years
Are movies copyrighted? - Answer -Yes
What is actually copyrighted? - Answer -A fixed tangible, durable medium.
Example: Literary works, music, choreography, movies, sculpture work, etc.
Can you copyright an idea? - Answer -No
What law protects trademarks in the U.S.? - Answer -Lanham Act of 1946 - likelihood of
confusion
Trademark dilution statute - protects famous marks even if there is no likelihood of
confusion
Can you copyright a made up word? - Answer -No, but you can trademark it
, What happens to the intellectual property when a patent expires? - Answer -The
product or process enters the public domain, and anyone can make, sell, or use the
invention without paying the patent holder
Exclusionary value of intellectual property - Answer -The strategic advantage gained by
excluding others from using the IP. Exclusionary rights must be strategically aligned
with your business objectives in order to be valuable
What gives a person a right to use a trademark? - Answer -The person must ask the
owner for permission and possibly pay a licensing fee plus signing a licensing
agreement.
Under the fair use exception anyone can use a trademarked mark or symbol without the
permission of the owner, but only if it is used nominatively for limited purposes as a
constitutional right under the first amendment.
Sovereignty - Answer -The quality of having independent authority over a geographic
area.
Example: State governments have the authority to regulate affairs within their borders
According to the statute of the International Court of Justice, what are the primary
sources of international law? - Answer -Customary law - evidence of a general practice
accepted as law
Treaties
International organizations - organizations composed mainly of officials of member
nations. ex. European Union
Does a treaty become law in the U.S.? - Answer -Yes, they are the supreme law of the
land
Who can enter into (negotiate and sign) a treaty, according to Article II of the U.S.
Constitution? - Answer -Only the president with the advice and consent of the senate
(2/3 of the senate agrees)
Primary sources of law in an Islamic system - Answer -Qu'ran
Sunnah
What is the Arabic word for Islamic law? - Answer -Sharia
What was the source of law used in the Paquete Havana case? - Answer -Customary
international law
Convention - Answer -The consent of two or more persons to form with each other an
engagement or to dissolve or change one they had previously formed.
Comprehends all types of contracts, treaties, pacts or agreements.
Likelihood of confusion - Answer -When two marks are likely to be assumed that they
come from the same source.
Will only exist if the goods/services are in fact related.
Even if two marks are found to be confusingly similar the likelihood of confusion will only
exist
Trademark abandonment - Answer -A registered trademark that has not been used for
3 consecutive years or it has been used improperly
Example: Excessive licensing, owner reassigns rights to another party but fails to
maintain control of proper use, genericism.
Cease and desist notice - Answer -An administrative or judicial order prohibiting.
person or business firm from conducting activities that an agency or court has deemed
illegal
Real value of intellectual property (IP) - Answer -IP value is the strategic advantage
gained by excluding others from using their intellectual property.
70% of asset value of publicly traded organizations is intellectual property.
What is the most rapidly growing form of international business? - Answer -Transferring
intellectual property
Trade secret - Answer -Information or process that gives a business an advantage over
competitors who do not know the information
Example: Customer lists, plans, production techniques, etc.
Trade dress - Answer -The image and overall appearance of a product
Example: Distinctive decor, menu, layout, and style of a particular restaurant
How long is copyright protection? - Answer -For the life of the author plus 70 years
Are movies copyrighted? - Answer -Yes
What is actually copyrighted? - Answer -A fixed tangible, durable medium.
Example: Literary works, music, choreography, movies, sculpture work, etc.
Can you copyright an idea? - Answer -No
What law protects trademarks in the U.S.? - Answer -Lanham Act of 1946 - likelihood of
confusion
Trademark dilution statute - protects famous marks even if there is no likelihood of
confusion
Can you copyright a made up word? - Answer -No, but you can trademark it
, What happens to the intellectual property when a patent expires? - Answer -The
product or process enters the public domain, and anyone can make, sell, or use the
invention without paying the patent holder
Exclusionary value of intellectual property - Answer -The strategic advantage gained by
excluding others from using the IP. Exclusionary rights must be strategically aligned
with your business objectives in order to be valuable
What gives a person a right to use a trademark? - Answer -The person must ask the
owner for permission and possibly pay a licensing fee plus signing a licensing
agreement.
Under the fair use exception anyone can use a trademarked mark or symbol without the
permission of the owner, but only if it is used nominatively for limited purposes as a
constitutional right under the first amendment.
Sovereignty - Answer -The quality of having independent authority over a geographic
area.
Example: State governments have the authority to regulate affairs within their borders
According to the statute of the International Court of Justice, what are the primary
sources of international law? - Answer -Customary law - evidence of a general practice
accepted as law
Treaties
International organizations - organizations composed mainly of officials of member
nations. ex. European Union
Does a treaty become law in the U.S.? - Answer -Yes, they are the supreme law of the
land
Who can enter into (negotiate and sign) a treaty, according to Article II of the U.S.
Constitution? - Answer -Only the president with the advice and consent of the senate
(2/3 of the senate agrees)
Primary sources of law in an Islamic system - Answer -Qu'ran
Sunnah
What is the Arabic word for Islamic law? - Answer -Sharia
What was the source of law used in the Paquete Havana case? - Answer -Customary
international law
Convention - Answer -The consent of two or more persons to form with each other an
engagement or to dissolve or change one they had previously formed.
Comprehends all types of contracts, treaties, pacts or agreements.
