BLAW 341 Final Exam Questions and Answers Graded A+

BLAW 341 Final Exam Questions and Answers Graded A+ 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 cream in Pennsylvania and has decided to use a mark that is virtually identical to Brianna's. If Brianna sues Drew in court, a court will likely hold: A. Drew is liable for trademark infringement B. Drew is not liable for trademark infringement - Answers A. Drew is liable for trademark infringement What is Trademark infringement? - Answers Infringement occurs when a "new" user's use of an identical or similar mark on directly competing or related goods/services is likely to "confuse" consumers about the origin of the product Standard for "Likelihood of Confusion" - Answers Average Purchaser standard What is Trademark dilution? - Answers IF MARK IS FAMOUS - Infringement occurs when a "new" user's uses a mark in an unauthorized way that reduces the value of the mark Skanky Sex Toys has made a series of mechanical "pleasure toys" that include a depiction o