Exam 9: Intellectual Property Rights and the Internet

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______.

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

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

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 prevents the copying of an idea.

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.

The America Invents Act:

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

Owners of mask works are entitled to the exclusive right to reproduce and distribute their products under U.S.law for a period of:

The best way to distribute and sell copyrighted computer programs is using:

ICANN is a nonprofit corporation responsible for:

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

Protection for trade dress is available under the Lanham Act.

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.

In limited circumstances customer lists are protected under trade secret laws.

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

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

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

Written computer programs are not given the same protection as other copyrighted material.