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Week 5

QuestionAnswer
A business formula, information compilation, or device that provides an advantage over competitors that do not have it is known as what? trade secret
A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively: display, use and reproduce the work
Design patents have a duration of ____ years. 14
ICANN is a nonprofit corporation responsible for: coordinating the use of domain names across the Internet.
In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider: nature of copyrighted work, purpose and character of the use, including such use is of a commercial nature or is for nonprofit educational purposes, and the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
It is important to protect trade dress against adoption by a competitor failure to protect the mark can: allow the mark pass into the English language (like ‘aspirin') and become generic.
Owners of mask works are entitled to the exclusive right to reproduce and distribute their products under U.S. law for a period of: 10 years
The America Invents Act: replaced the patent "first to invent system" with a "first to file" system.
The best way to distribute and sell copyrighted computer programs is using: ​restrictive licensing.
The Digital Millennium Copyright Act : was enacted to curb the pirating of software and other pirated works.
The DMCA provides a(n) _______ for internet service against claims of _______. safe harbor, copyright infringement.
The Lanham Act grants protection for: marks
The measure of damages for misappropriation of a trade secret is: the profits earned by the ‘thief' derived from the misappropriation of the trade secret.
The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n): design patent.
The type of patent that may be granted to developers of plant reproduction methods is called a: plant patent.
Three types of patents available under U.S. law are: design, plant, utility.
To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine: the number of significant program steps that are substantially similar.
trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______. distinctiveness, and source-identifying function.
Under the Computer Software Copyright Act of 1980, a written program: is protected as any other copyrighted material, even if it is in written form.
Under the Semiconductor Chip Protection Act's _______, competitors may not only study mask works but may also use the results of that study to design their own semiconductor chip products embodying their own original masks. reverse engineering exemption
Which of the following is not an exclusive right of the holder of a copyright? To obtain a court order enjoining use of the original work by another.
What is Trademark? A trademark can be any word, phrase, symbol, design, or combination of these things that identifies your goods or services.
What is the difference between a trademark and a service mark? Trademarks can be used for both trademark and service mark. A trademark is used for goods, while a service mark is used for services.
What is a domain name? It is a name that appears after the @ sign in email address, and after www. In web address. Example: www.Google.com example@yahoo.com
What is an office action? It is an official letter from the USPTO about a trademark application or registration that raises issues that could prevent a trademark applicant from receiving a registration or could prevent a trademark registrant from maintaining their registration.
In terms of a trademark, what is a "likelihood of confusion"? Customers are likely to think your goods or services come from the same source as another party’s goods or services.
Who is the official mascot of the US PTO? The mascots are T. Markey along with Ms. Pat Pending. (The robot cat GeaRS) and Mark Trademan.
Created by: Twindom85
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