1Article 1 section 8 of the Constitution authorized congress to protect _________ ________.
Intellectual property!
2Intellectual property represents aproximately __% of an average firm
3Technical and business information material like designs, instructional methods, manufacturing processes, product formulas or recipes, document tracking processes, etc. can be protected by what law?
Trade secret law!
4Many types of trade secrets are NOTprotected by patent or copy right laws.
5Trade secret law is is based on what type of law?
Common law
6Which factors do courts use to determine if material/information is a protectable trade secret?
- The extent to which the information is known outside the business of the claimant
- Measures taken by the claimant to guard the confidentiality of the information
- The value of the information to competitors
- The amount of time and money invested in developing the information
- The efforts taken to maintain the trade secret confindentiality among the employees, investors, etc.
- All of the above
7Uniform Trade Secrets Act (UTSA) defines trade secrets as information/articles to be kept secret because of its particular value.
8Big data (datasets kept by companies like google and apple) is protected by trade secret laws if the data
- Holds commercial value
- Is known by limited individuals
- Was tried to keep secret by reasonable steps (like they really tried)
- All of the above
9The Uniform Trade Secrets Act (UTSA) says for someting to be a trade secret, it must (2 answers):
- Create independent economic value by being a secret
- Be trying to be kept a secret by reaseonable steps
- Be invented by the company
10Misappropriation has happened if (2 answers):
- Someone aquires a trade secret who knew or had reason to know they aquired it improperly
- The information was found by independent research or reverse engineering (taking an object apart to find how it works)
- The secret was disclosed without implied/expressed consent
11The Economic Espionage Actis a federal statute passed in 1996 providing criminal penalties for:
Theft of trade secrets
12Select the 2 advantages trade secret protections have over other forms of protections like patents or copyrights
- They only protect against misappropriation
- No formal registration is required
- There is no time limit on the protection
13Trade secret protection is NOT lost if the owner stops taking reasonable steps to keep it secret
14The product's shape or color combination of packaging is called:
Trade dress
15What is NOT a classification of trademarks
- Arbitrary or fanciful
- Suggestive
- Blunt
- Decriptive
16Lanham Act protects Trademarks
17If a word is a real word like "apple" but has nothing to do with the product, its trademark is classified as:
Arbitrary
18If a word is made up like "google", its trademark is classified as:
Fanciful
19If the word suggests the product like "under armor" (wear underneath), its trademark is classified as:
Suggestive
20If the word describes the product like "after tan", its trademark is classified as:
Descriptive
21Secondary meaning occurs when the public starts associating a word more with a company than its actual meaning like "tweet" or "Windows"
22When a mark does not fit into a trademark classification, it is a:
Generic mark
23Trademark protection right is NOT aquired by:
- Use in commerce
- Broadcasting trademark
- Registering the mark with the US patent or Trademark office (USPTO)
24After the initial 10 year registration period, marks registered may be renewed an unlimited number of times as long as (2 answers):
- The mark is still effective
- The registration fee is still paid
- The mark is still used in commerce
25For a holder to prevail when claimed of infringing tradmark under the Lanham Act, they must prove the infringement would confuse customers. This reflect what standard?
The likelihood of confusion standard
26What test is used to determine if the likelihood of confusion standard is met?
A balancing test