LEB 320F Unit 6 Exam Questions with
Latest Update
In order to have a copyright, material must be registered with the U.S. Copyright Office.
- Answer-false. It is not required. And, since 1989, there is no longer any requirement
that a copyright notice be placed on a work. Still, it's a good idea to register.
Patent rights are non-transferable - Answer-false. State law determines what is
necessary to sell or otherwise transfer patent ownership. Patents are often bought, sold,
and licensed
The rights of a trademark can be lost if a trademark term becomes generic - Answer-
true. Genericide, or allowing a trademarked term to become generic, can cause a
trademarked term to lose its legal protection. In most cases, the owner of the mark was
simply complacent and took few if any steps to make sure that consumers understood
that the mark was the owner's brand rather than an identifier of an entire class of goods
Patent "trolls" often do not actually use or commercialize their invention beyond actually
filing the patent - Answer-true. They often buy up other patent rights, choose not to use
them, and then demand fees when other patents may infringe them
A trademark consisting primarily of a geographic designation or someone's last name
does not require a secondary meaning. - Answer-false. If a trademark consists primarily
of a geographic designation or someone's last name, the law treats it in the same way
as a descriptive mark, and secondary meaning must be proved for the mark to be
protectable
A copyright lasts for the life of the author plus 70 years. - Answer-true. In 1998,
Congress extended the term of copyright protection to the life of the author plus 70
years. A work for hire copyright lasts for the shorter of 95 years from date of publication
or 120 years from date of creation.
Packaging and nonfunctional product design can be protected under the same principle
as trademarks. - Answer-true. Trademark law also protects "trade dress"- very
distinctive packaging or nonfunctional product design if it serves the same purpose as a
trademark. Trade names and service marks are also protected in similar fashion
A patent protects an inventor patentee for 20-years by giving them exclusive rights to
make, use, or sell the patented information - Answer-true. Under both former patent
acts and the AIA, an inventor patentee is protected for 20 years from the date of filing by
giving them exclusive rights to make, use, or sell the patented information.
Latest Update
In order to have a copyright, material must be registered with the U.S. Copyright Office.
- Answer-false. It is not required. And, since 1989, there is no longer any requirement
that a copyright notice be placed on a work. Still, it's a good idea to register.
Patent rights are non-transferable - Answer-false. State law determines what is
necessary to sell or otherwise transfer patent ownership. Patents are often bought, sold,
and licensed
The rights of a trademark can be lost if a trademark term becomes generic - Answer-
true. Genericide, or allowing a trademarked term to become generic, can cause a
trademarked term to lose its legal protection. In most cases, the owner of the mark was
simply complacent and took few if any steps to make sure that consumers understood
that the mark was the owner's brand rather than an identifier of an entire class of goods
Patent "trolls" often do not actually use or commercialize their invention beyond actually
filing the patent - Answer-true. They often buy up other patent rights, choose not to use
them, and then demand fees when other patents may infringe them
A trademark consisting primarily of a geographic designation or someone's last name
does not require a secondary meaning. - Answer-false. If a trademark consists primarily
of a geographic designation or someone's last name, the law treats it in the same way
as a descriptive mark, and secondary meaning must be proved for the mark to be
protectable
A copyright lasts for the life of the author plus 70 years. - Answer-true. In 1998,
Congress extended the term of copyright protection to the life of the author plus 70
years. A work for hire copyright lasts for the shorter of 95 years from date of publication
or 120 years from date of creation.
Packaging and nonfunctional product design can be protected under the same principle
as trademarks. - Answer-true. Trademark law also protects "trade dress"- very
distinctive packaging or nonfunctional product design if it serves the same purpose as a
trademark. Trade names and service marks are also protected in similar fashion
A patent protects an inventor patentee for 20-years by giving them exclusive rights to
make, use, or sell the patented information - Answer-true. Under both former patent
acts and the AIA, an inventor patentee is protected for 20 years from the date of filing by
giving them exclusive rights to make, use, or sell the patented information.
