TRADEMARKS AND SERVICE MARKS
COPYRIGHTS
Limitation on Exclusive Character of
Copyright
Patents
9-3a Types, Duration, and Notice
Secret Business Information and computer protection
100

WHAT IS A TRADEMARK?

A trademark identifies a product

100

If a business pays someone to create the

work, what is the amount of years the copyright is good for?  

runs for 120 years

from creation (95 from publication)

100

Fair use” allows limited use of copyright materials based on? 

Purpose and character of the use

 Nature of the work; amount used

The effect on the use on the markets or value

100

What are Utility patents granted for?

Granted for a new process,

machine, manufacture, composition or

improvement for 20 years.

100

Describe trade Secrets

Any formula, device, or compilation of

information used in one’s business that

provides an advantage over competitors

who do not have that information

200

Under the Madrid Protocol, owners of

marks registered with the U.S. Patent and

Trademark Office can register and protect

their mark in HOW MANY COUNTRIES?

60

200

What Is Copyrightable?

Literary, musical, dramatic, and artistic

works

200

What is Secondary Liability for Infringement?

Entities that distribute devices designed to

infringe copyrights are liable for the

infringement

200

What do plant patents protect?

Protects inventors of

asexually reproduced new plant varieties

for 20 years

200

what is the criminal sanction against a business when it comes to trade secrets?

Fines up to $500,000 or twice the value of

the proprietary information; up to 15 years in

prison

300

WHAT IS THE TRADE DRESS PROTECTION?

When a competitor adopts a confusingly

similar trade dress, it dilutes the mark and

deceives consumers.

300

When a business hires a freelancer to

create a copyrightable work, the “work for

hire” is owned by who?

owned by the business

300

What is the Digital Millennium Copyright Act?

Enacted in 1998 to curb pirating of

software and copyrighted works

300

To receive a patent, the invention must be

_____

new and not obvious.

300

What is Copyright Protection of Computer

Programs

A Written programs that has the  same protection

as any other copyrighted mat

400

DEFINE  The Federal Trademark Dilution AcT

The Federal Trademark Dilution Act

provides a cause of action against the

commercial use of another’s mark when it

results in dilution of its distinctivenesS

400

List three exclusive rights that copy right holders have ?

Reproduce the work

• Prepare derivatives from the original work

• Distribute copies of recordings of the work

• Publicly perform the work

• Publicly display the work

400

Copyright holder may _____or ______

rights and collect royalties

assign, license

400

What are the four categories of 

Patentability


processes, machines,

manufactures, and compositions of matter

400

When secret business information is made

public, it loses the _______ it had while

secret.

protection

500

WHAT IS A CYBERSQUATTER UNDER THE TRADEMARK RIGHTS?

Set up identical or

confusingly similar domain to existing

trademarks.

500

If a ____ creates software for a fixed

fee without a contract setting forth the

ownership, the ______owns the work.

Freelancer

500

Title II provides _______for ISPs from

liability in limited circumstances.

safe harbor

500

Describe the The America Invents Act 2011

is a major U.S. patent reform law that replaced the first-to-invent system with a first inventor-to-file framework

500

Under Supreme Court’s “doctrine of

equivalents,” infringers may not___________?

avoid liability

by substituting insubstantial differences for

some elements of the product or process