BUL 4421 CHAPTER 12 QUESTIONS
AND ANSWERS 100% CORRECT
Intellectual Property - ANSWER-Fruit of someone's mind
Trademark - ANSWER-Distinctive mark, word, design, picture or arrangement used with
a product that helps consumers identify the product with the producer.
Interstate - ANSWER-Use of a trademark is protected under state common law.
Service mark - ANSWER-A mark used in conjunction with a service, such as the name
"AT&T" painted on a vehicle that provides repair services for AT&T phone users.
Product trademark - ANSWER-A mark affixed to a good, its packaging, or its labeling,
such as the Nike "swoosh".
Collective mark - ANSWER-A mark identifying the producers as belonging to a larger
group, such as a trade union.
Certification mark - ANSWER-A mark licensed by a group that has established certain
criteria for use of the mark, such as "ULL Tested".
USPTO - ANSWER-A mark should be registered and renewed every 10 years with that
institution.
Trade dress - ANSWER-The overall appearance and image of a product.
Fair-use doctrine - ANSWER-Provides that others may provide that others may
reproduce a portion of a copyrighted work for purposes of "criticism, comment, reporting
and teaching".
Defenses to a claim for copyright infringement: - ANSWER-1. The purpose and
character its for commercial use or is for non profit educational purposes.
2. The nature of the copyrighted work.
3. The amount and substantiality of the work.
4. The effect of the use.
No Electronic Theft Act - ANSWER-It makes illegal for a person not only to infringe a
copyright for commercial purposes or financial gain but also to reproduce ro distribute,
for no financial gain.
-Fines up to $250,00 and prision for 5 years.
AND ANSWERS 100% CORRECT
Intellectual Property - ANSWER-Fruit of someone's mind
Trademark - ANSWER-Distinctive mark, word, design, picture or arrangement used with
a product that helps consumers identify the product with the producer.
Interstate - ANSWER-Use of a trademark is protected under state common law.
Service mark - ANSWER-A mark used in conjunction with a service, such as the name
"AT&T" painted on a vehicle that provides repair services for AT&T phone users.
Product trademark - ANSWER-A mark affixed to a good, its packaging, or its labeling,
such as the Nike "swoosh".
Collective mark - ANSWER-A mark identifying the producers as belonging to a larger
group, such as a trade union.
Certification mark - ANSWER-A mark licensed by a group that has established certain
criteria for use of the mark, such as "ULL Tested".
USPTO - ANSWER-A mark should be registered and renewed every 10 years with that
institution.
Trade dress - ANSWER-The overall appearance and image of a product.
Fair-use doctrine - ANSWER-Provides that others may provide that others may
reproduce a portion of a copyrighted work for purposes of "criticism, comment, reporting
and teaching".
Defenses to a claim for copyright infringement: - ANSWER-1. The purpose and
character its for commercial use or is for non profit educational purposes.
2. The nature of the copyrighted work.
3. The amount and substantiality of the work.
4. The effect of the use.
No Electronic Theft Act - ANSWER-It makes illegal for a person not only to infringe a
copyright for commercial purposes or financial gain but also to reproduce ro distribute,
for no financial gain.
-Fines up to $250,00 and prision for 5 years.
