Exam 9: Intellectual Property Rights and the Internet

To prevail in an action for trade dress infringement,a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

A copyright owner may prohibit even limited use of copyrighted material if it is used for parody or criticism.

Descriptive terms such as locations and colors are never subject to trademark protections.

The Berne Convention requires all works published after March 1,1989 to contain a notice of copyright.

Trade dress refers to the packaging look and overall image of a product.

The Sony Bono Copyright Extension Act of 1998 extended copyright protection to the life of the author plus 50 years.

Once a mark is registered in accordance with federal law,the holder of the mark has the exclusive right to use the mark in perpetuity.

Trade dress can be any word,name,symbol,device,or combination of these used to identify a product.

Protection for trade dress is available under the Lanham Act.

The Digital Millennium Copyright Act :

A copyright prevents the copying of an idea.

The DMCA provides a(n)_______ for internet service against claims of _______.

Under the Computer Software Copyright Act of 1980,a written program:

Trademarks and service marks are recorded with the Register of Copyrights.

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

An owner of a copyright may license some of his or her rights to another in exchange for royalty payments.

Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images.Drawings and photographs for the campaign are coming from a variety of sources,including popular magazines,international newspapers,and web sources.The marketing vice president asserts that the company may use the images under the fair use doctrine.What factors should be considered in the application of the fair use doctrine?

Under the Semiconductor Chip Protection Act reverse engineering exemption,competitors may study mask works but may not use the results of that study to design their own semiconductor chip.

Once approved by the U.S.Patent and Trademark Office,a patent is presumed valid after a public comment period of 90 days.

To analyze a copyright infringement claim in the context of computer programs,courts will primarily examine: