What is Intellectual Property? - Answers Property resulting from intellectual and creative
process
Evaluate the following statement to determine which is Intellectual Property and which is
Property?
Joel designed a software program and saved it on his hard drive. The ideas he expressed and
embodied in the program are intellectual property, and the "physical" saved "copy" of these
ideas is property.
True or false? - Answers True
Evaluate the following statement to determine which is Intellectual Property and which is
Property?
Stephanie is an architect. She designed a building and embodied the plans into blueprints. The
physical blueprints are the intellectual property, and the expression embodied in those
blueprints are property.
True or false? - Answers False
What are the four forms of Intellectual Property? - Answers 1. Trademarks
2. Patents
3. Copyrights
4. Trade Secrets
What is a Trademark? - Answers A distinctive word, symbol, sound or design that identifies the
manufacturer as the source of particular goods and distinguishes its products from those made
or sold by others.
Name some forms of Trademarks. - Answers 1. Designs
2. A Number
3. Slogans
, 4. Shape
5. Sound
6. Color
7. Other (Movement, 3-D Shape, Hologram, etc.)
What is a Service Mark? - Answers Distinguishes/identifies source of a service.
What is a Trade Name? - Answers Distinguishes/identifies a company's name.
What is a Trade Dress? - Answers Refers to the image and overall appearance of a product or
service.
What is a Certification Mark? - Answers Used by one or more persons , other than the owner, to
certify the region, materials, mode of manufacture, quality, or other characteristics of a certain
good or service. Example- "Good Housekeeping Seal of Approval"
What is a Collective Mark? - Answers Indicates membership in a group.
What are the two sources of Trademark Protection? - Answers 1. Federal Statutes (Lanham Act)
2. State Statutes
Causes for action or trademark misuse - Answers A. Infringement
"Likelihood of Confusion Test"
B. Dilution
"Likelihood of Dilution Test"
What does the Lanham Act prohibit?
(Trademark Infringement) - Answers Prohibits the unauthorized use of an identical or similar
mark likely to confuse a consumer on:
A. Directly competing goods/services
B. Non-competing but related goods/services
C. If the mark is famous- "The Federal Dilution Act": prohibits unauthorized use of identical or
similar marks on non-competing, non-related goods/services IF THE MARK IS FAMOUS
Brianna's company sells hand cream. Brianna's company has received trademark protection for
use of its mark on hand cream products in Pennsylvania. Drew's company also sells hand