Class 7 Readings: Intellectual Property

Fill-in-the-blank practice flashcards covering intellectual property concepts including genericide, copyrights, trademarks, patents, and counterfeit luxury goods.

When a brand name is used as an everyday term to describe an entire category of goods, it is known as a proprietary eponym or a __________ trademark.

generic

The 1921 seminal court case in which Bayer lost its trademark protection for Aspirin was __________ v. United Drug Co.

Bayer Co.

The legal process or phenomenon where a trademark loses its distinctiveness and becomes the common name for a product category is called __________.

genericide

The generic term for the trademarked packaging product Bubble Wrap is __________ cushioning.

inflated

Wham-O holds the trademark for Frisbee, whose generic product description is a __________ disc.

flying

To avoid trademark genericide, companies like Xerox encourage the public to use their brand name as an __________ rather than a verb.

adjective

According to intellectual property lawyer Michael N. Cohen, brands with __________ names face a paradox because made-up words have no other way to describe the product.

fanciful

Under United States law, copyright protection exists automatically the moment an original creative work is fixed in a __________ form.

tangible

Registering a copyright with the government allows creators to seek up to $150,000 in __________ damages rather than proving actual damages.

statutory

In the United States and most of Europe, an individual author's copyright lasts for the author's life plus __________ years.

$$70$$

When the creator of a copyrighted work is a corporation, the copyright term lasts for at least __________ years.

$$95$$

Trademarks can be renewed forever as long as the mark continues to be used in __________.

commerce

In trademark law, whether another company can use a similar name depends primarily on whether the defendant's use is likely to __________ a consumer.

confuse

Goods and services are divided by trademark offices into __________ distinct classes.

$$45$$

A patent grants an inventor a temporary monopoly over a novel invention, which generally lasts for __________ years.

$$20$$

In contrast to copyright and trademark law, the United States patent system operates under a “first __________ to file” rule.

inventor

In order to be patentable, an invention must not be an abstract idea, and it must be both useful and __________.

non-obvious

The United States Patent and Trademark Office refused LeBron James's application to trademark the phrase “__________” because it is widely used in everyday speech.

Taco Tuesday

Extremely high-quality counterfeit luxury goods that are nearly indistinguishable from authentic items are known in the industry as __________.

superfakes

Resale company The RealReal uses __________ technology to inspect the metal composition of handbag buckles for authentication.

XRF

Counterfeiters can make exact copies of authentic luxury bags if they obtain digital master templates called __________ packs.

tech

Investigator James Godefroy reported that superfake bags are often produced during a “__________ shift” at night in factories that make legitimate goods by day.

ghost

The luxury brand PR manager Briege Elder noted an unspoken rule in stores like Louis Vuitton and Gucci never to __________ a counterfeit handbag carried by a customer.

call out

Counterfeit dealer Heidi recommended the __________ Factory for customers seeking top-tier replica Chanel classic flap purses.

187

The world's largest luxury group, __________, spent over $11 billion on advertising but only $45 million on anticounterfeiting measures.

LVMH