Chapter 5 Vocabulary
tying
the anticompetitive practice of requiring buyers to purchase one product in order to get another.
market power
the ability to control price and exclude competitors.
trade secret.
A business formula, information compilation, or device that provides an advantage over competitors that do not have it is known as a:
The DMCA provides a(n) _______ for internet service against claims of _______.
safe harbor, copyright infringement.
Three types of patents available under U.S. law are:
design, plant, utility
treble damages
three times the damages actually sustained.
divestiture order
a court order to dispose of interests that could lead to a monopoly.
A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively:
reproduce the work, display the work, use the work.
The Lanham Act grants protection for:
marks.
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.
Sherman Antitrust Act
a federal statute prohibiting combinations and contracts in restraint of interstate trade, now generally inapplicable to labor union activity.
Clayton Act
a federal law that prohibits price discrimination.
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 measure of damages for misappropriation of a trade secret is:
the profits earned by the ‘thief' derived from the misappropriation of the trade secret.
Trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______.
distinctiveness, a source-identifying function.
Robinson-Patman Act
a federal statute designed to eliminate price discrimination in interstate commerce.
The America Invents Act:
replaced the patent "first to invent system" with a "first to file" system.
a design patent
The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles
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.
price discrimination
the charging practice by a seller of different prices to different buyers for commodities of similar grade and quality, resulting in reduced competition or a tendency to create a monopoly.
The best way to distribute and sell copyrighted computer programs is using:
restrictive licensing.
plant patent.
The type of patent that may be granted to developers of plant reproduction methods
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