Intellectual Property Law

39 flashcardsby Natalie
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1
T/F: Product disparagement and libel involve false statements about another's products or services.
True
2
T/F: A drug manufacturer cannot state its diet supplements will guarantee the loss of 5 lbs in 5 days unless the manufacturer has expert evidence showing such a loss is possible from the supplement.
True
3
T/F: If an advertisement states, "This coffee maker will give you a superior cup of coffee every time," it is liable for false advertising.
False - it's considered "puffery"
4
T/F: Bad Bunny can bring a successful action for violation of his right of publicity if CBS news reports that he was paid $300,000 for headlining Made in America.
False - not being used for commerical purposes, just stating a fact for news
5
T/F: Only celebrities and other similarly famous people may bring an action for violation of their right of publicity.
False - anyone who's image or likeness is being used commerically without permission
6
Which of the following would NOT qualify as a trade secret?
a) A company's plans to expand into Europe
b) Information that a training program offered by a company does not work
c) A copyright registration
d) A customer list maintained by the company CEO
c) A copyright registration
7
T/F: Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.
False - any confidential business information which provides an enterprise a competitive edge and is unknown to others may be protected as a trade secret
8
T/F: ABC Inc. mistakenly posted critical company information on the Internet. The material resided on the Internet for two days before it was taken down by ABC. Trade secret protection has been lost for the information.
True
9
T/F: Trade Secrets must be unique.
False - any confidential business information which provides an enterprise a competitive edge and is unknown to others may be protected as a trade secret
10
The following may be valid defenses to a claim of patent infringement:
a) invalidity of the patent
b) lack of knowledge of the patent
c) expiration of the statute of limitations
d) all of the above
a) invalididty of the patent
11
Which of the followig is NOT an example of patent infringement:
a) using a patented invention in pharmaceutical research experiments
b) selling an unpatented product that was manufactured using a patented process
c) importing a product covered by a patent, without making it, offering it for sale, or selling it in the United States
d) none of the above
d) none of the above
12
The types of patents available under U.S. law are:
a) utility, product, design
b) design, packaging, invention
c) design, plant, utility
d) utility, regulatory, common law
c) design, plant, utility
13
The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by:
a) copyright law
b) patent law
c) trademark law
d) none of the choices
d) none of the choices
14
In the context of utility patents, the term "claims" refers to:
a) a mark associated with the invention
b) the details about the subject matter that an inventor regards as the invention
c) types of prior art associated with the invention
d) arguments made in response to claims of infringement
b) the details about the subject matter that an inventor regards as the invention
15
T/F: There is no statute of limitations for bringing an action for patent infringement
True
16
T/F: A license that limits the use of a patent by the licensee is unlawful.
False
17
T/F: If an item is primarily functional and has no ornamental or decorative aspect, it cannot be the subject of a design patent.
True - design patent requirements are novelty, originality, ornamentality, and the subject matter must be an article of manufacture.
18
T/F: Inventors obtain patent protection as soon as they commercially use their invention.
False
19
T/F: Once approved by the U.S. Patent and Trademark Office, a patent is presumed valid after a public comment period of 90 days.
False
20
Are trademarks protected by state and/or federal law?
State and federal law
21
Is registration of a trademark required for protection
No
22
How long can a federal trademark registration last?
Indefinitely if renewed after the first 5 years and then every 10 years.
23
What are the requirements for a federal trademark?
Must be distinctive indication of a source for good or service; not confusingly similar to another mark; and used in commerce.
24
Are patents protected by state and/or federal law?
Federal law
25
Is registration of a patent required for protection?
Yes
26
How long does the registration for a utility patent last?
20 years from date patent is granted
27
What are the requirements for a utility patent?
New, nonobvious and useful invention
28
What are the requirements for a design patent and how long does it last?
New, non-obviousness, ornamental design. 15 years from filing date.
29
Are trade secrets protected by state and/or federal law?
Both state and federal law
30
Is registration of a trade secret required for protection?
No
31
How long does a trade secret last?
Indefinitely if information is not disclosed
32
Whatare the requirements for a trade secret?
Commercially valuable information; not publicly known; reasonable steps taken to protect
33
What is theft of a trade secret called?
Misappropriation
34
Are false advertising and the right of publicity are recognized under state and/or federal law?
Both state and federal law
35
Do advertisements and rights of publicity have to be registered for protection?
No
36
Does the right of publicity extend beyond a person's life?
Yes
37
What does the right of publicity protect?
Name, likeness, image, voice
38
What is it called when a company makes false satements about another company's product?
Product disparagement or libel
39
What are the requirements for trade secret misappropriation?
1) information is a trade secret;
2) Possession, disclosure, or use of the trade secret without authority;
and 3) wrongful acquisition of the trade secret
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