Exam 11: Intellectual Property

Proving that a patent is invalid because it was in commercial use at least one year before the patent was taken out requires that the defendant prove their case:

Discuss "fair use" with regard to trademarks and copyrights.

Discuss the Federal Trademark Dilution Act.

To qualify as a trade secret, the knowledge protected must have economic value.

The Federal Trademark Dilution Act prohibits the use of a mark that is the same or similar to a "famous" trademark only when the owner of the "famous" trademark can prove public confusion regarding the two marks.

What is secondary meaning?

Discuss the subject matter of a patent as a way of testing the validity of a patent.

Which of the following is a function of a trademark?

A patent application must, address each of the following except:

A patent is a legal monopoly in the tangible resource of copying and marketing a new invention.

When an owner does not defend against the unauthorized use of a trademark, the trademark is most likely to become generic.

The justification for intellectual property is the same as for the private property system.

Monster.com, a job search website, is an example of a collective mark.

How does the law define misappropriation in case of trade secret violation?

Explain the patent obtaining process.

What are the three criteria necessary for copyright protection to occur?

What is an infringement?

Trademarks indicate a specific producer.

Who is protected under copyright laws?

In determining whether a particular use is a fair one, a court will consider which of the following?