COB 218 Chapter 8 Test Questions and Answers All Correct

COB 218 Chapter 8 Test Questions and Answers All Correct Trademark - Answer-A distinctive word, symbol or design that identifies the manufacturer as the source of the goods and distinguishes it's products from those made/sold by others trademarks and related property - Answer-Lanham Act of 1946 and the Federal Trademark Dilution Act of 1995 are major federal statutes that protect trademark infringement - Answer-when one uses a mark that is the same as, or confusingly similar to, the protected trademark, service mark, trade name, or trade dress of another without permission when marketing goods or services patent - Answer-a grant from the government that gives an inventor the exclusive rights to make, use and sell an invention for a period of twenty years (14 for a design patent) from the date the patent application is filed the laws of nature, natural phenomena, and abstract ideas - Answer-Virtually anything is patentable except Yes, if they relate to a machine or transformation - Answer-are business processes/methods patentable? Patent infringement - Answer-when one uses or sells another's patented design, product, or process without the patent owners permission copyright - Answer-an intangible property right granted by federal statue to the author or originator of certain literary or artistic productions. the copyright act of 1976 - Answer-what act governs copyrights yes - Answer-may computer software be copyrighted? copyright infringement - Answer-whenever the form or expression of an idea is copied without the permission of the copyright holder yes, if the copying is deemed a "fair use" - Answer-are there any exceptions to copyright infringements? trade secrets - Answer-customer lists, plans, research and development, and pricing information True - Answer-T or F?: trade secrets are protected under statutory law against misappropriation by competitors? yes - Answer-Is the economic espionage act a federal crime? the economic espionage act - Answer-What act made the theft of trade secrets a federal crime Trade-related aspects of intellectual property rights (TRIPS) - Answer-which landmark agreement provides for enforcement procedures in all countries signatory to the agreement Intellectual property - Answer-Property resulting from intellectual and creative processes. Lanham Act of 1946 - Answer-Statutory protection of trademarks and related property is provided at the federal level by the manufacturers - Answer-Lanham Act was enacted in part to protect _________________ from losing business to rival companies that used confusingly similar trademarks. Federal Trademark Dilution Act - Answer-In 1995, congress amended the Lanham act by passing the ___ ___ ___ Act, which allowed trademark owners to bring a suit in federal court for trademark dilution. Trademark Dilution Revision Act (TDRA). - Answer-In 2006, Congress further amended the law on trademark dilution by passing the to state a claim for trademark dilution under the TDRA - Answer-The plaintiff must prove the following for what?: The plaintiff owns a famous mark that is distinctive. The defendant has begun using a mark in commerce that allegedly is diluting the famous mark. The similarity between the defendant's mark and the famous mark gives rise to an association between the marks. The association is likely to impair the distinctiveness of the famous mark or harm its reputation. similar - Answer-A famous mark may be diluted not only by the use of an identical mark but also by the use of a ______ mark