Business Law- Chapter 7

Question 1

Intellectual Property Rights

Answer 1

Patents, copyrights, trademarks, and trade secrets. Federal and state laws protect intellectual property rights from misappropriation and infringement.

Question 2

Trade Secret

Answer 2

A product formula, pattern, design, compilation of data, customer list, or other business secret.

Question 3

Federal Patent Statute

Answer 3

A federal statute that establishes that requirements for obtaining a patent and protects patented inventions from infringement.

Question 4

One-Year “on sale” doctrine

Answer 4

A doctrine that says a patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application

Question 5

American Inventors Protection Act

Answer 5

A federal statute that permits an inventor to file a provisional application with the U.S. Patent and trademark office three monthes before the filing of a final patent application, among other provisions

Question 6

Patent infingement

Answer 6

Unauthorized use of another’s patent.

Question 7

Copyright Revision Act

Answer 7

A federal statute that 1. esablishes the requirements for obtaining a copyright and 2. protects copyrighted works from infringement

Question 8

Copyright Infringement

Answer 8

An infringement that occurs when a party copies and substantial and material part of a plaintiff’s copyrighted work without permission. A copyright holder may recover damages and other remedies against the infringer.

Question 9

Fair use doctrine

Answer 9

A doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder

Question 10

No Electronic Theft Act (NET act)

Answer 10

A federal statute that makes it a crime for a person to willfully infringe on a copyright work that exceeds $1000 in retail value.

Question 11

Digital Millennium Copyright Act (DMCA)

Answer 11

A federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encription technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works.

Question 12

Lanham Act

Answer 12

An amended federal statute that 1. esablishes the requirements for obtaining a federal mark and 2. protects marks from infringement.

Question 13

Mark

Answer 13

The collective name for trademarks, service marks, certification marks, and collective marks that can be trademarked.

Question 14

Trademark

Answer 14

A distinctive mark, symbol, name, word, motto or device that identifies the goods of a particular business.

Question 15

Service Mark

Answer 15

A mark that distinguishes the services of the holder from those of its competitors

Question 16

Distinctive

Answer 16

Being unique and fabricated

Question 17

“Secondary Meaning”

Answer 17

A brand name that has evolved from an ordinary term.

Question 18

Trademark Infringement

Answer 18

Unauthorized use of another’s mark. The holder may recover damages and other remedies from the infringer.

Question 19

Generic Name

Answer 19

A term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.

Question 20

Federal Dilution Act

Answer 20

A federal statute that protects famous marks from dilution, erosion, blurring or tarnishing.