bus law 8-9 blanks

A distinctive mark, motto, device, or implement that a manufacturer affixes to goods is called a ______.

trademark

The federal law that provides statutory protection for trademarks is known as the ______ Act.

Lanham

The doctrine that protects famous trademarks from unauthorized uses is known as ______.

dilution

To state a claim for trademark dilution, a plaintiff must prove that the defendant's mark is ______ to the famous mark.

similar

A __________ can be registered with the U.S. patent and Trademark Office.

trademark

The symbol ® indicates that a mark has been ______.

registered

A trademark is __________ when it is copied to a substantial degree or used in its entirety.

infringed

The most commonly granted remedy for trademark infringement is an ______.

injunction

Fanciful, arbitrary, or suggestive trademarks are considered to be the most ______ trademarks.

distinctive

Descriptive terms acquire protection under the law only when they acquire a ______ meaning.

secondary

__________ __________ acquire protection under the law only when they acquire a secondary meaning.

Descriptive terms

__________ __________ that refer to an entire class of products receive no protection.

Generic terms

A mark used in the sale or advertising of services is known as a ______ mark.

service

A mark used by one or more persons to certify the quality of goods or services is called a ______ mark.

certification

The overall appearance of a product is referred to as its ______ __________.

trade dress

__________ __________ imitate trademarked goods but are not the goods goods.

Counterfeit goods

Counterfeit goods can present serious ______ ______ ______.

public health risks

The ______ ______ in ______ ______ Act makes it a crime to traffic in counterfeit goods or services.

Stop Counterfeiting in Manufactured Goods

Persons found guilty of violating the SCMGA may be fined up to ______ or imprisoned for up to ten years.

$2 million

A ______ ______ is used to indicate part or all of a business's name and is related to the business's reputation.

trade name

A ______ is a contract permitting the use of a trademark, copyright, patent, or trade secret.

license

______ for inventions are given for a 20 year period.

Patents

The first person to file an application for a patent will receive ______ ______.

patent protection

Almost anything is patentable, except the laws of ______.

nature

If a firm makes, uses, or sells another's patented design without permission, it commits the tort of ______ ______.

patent infringement

The exclusive right of authors to publish or sell an intellectual production is known as ______.

copyright

The Copyright Act of 1976 governs ______.

copyrights

Copyrights created after January 1, 1978, are protected for the life of the author plus ______ years.

70

Copyright owners are protected against the ______ ___ ___ ______.

reproduction of the work

To be protected, a work must be fixed in a ______ medium.

durable

Section 102 of the Copyright Act protects original works, including ______ works.

literary

__________ __________ of the Copyright Act protects original works, including literary works.

Section 102

The ______ of a work must be original to qualify for copyright protection.

expression

The party that owns the intellectual property rights and issues the license is the ______.

licensor

The party obtaining the license is known as the ______.

licensee

If a patent is __________, the patent holder may sue for relief in federal court.

infringed

The current patent system aims to balance the protection of inventors' rights and the promotion of ______.

innovation

A trade name cannot be registered with the federal government unless it is also used as a ______.

trademark

The __________ of __________ __________ begins on the date the patent application is filed.

period of patent protection

Copyright protection ends when works enter into the ______ __________.

public domain

The copyright expires 95 years from the date of ______.

publication

The tort of patent infringement may occur even if the patent owner has not put the patented product into ______.

commerce

The tort of __________ __________ may occur even if the patent owner has not put the patented product into commerce.

patent infringement

The term for the unauthorized use of copyrighted material is __________.

Copyright infringement

The _____ _____ doctrine allows the owner of a copyrighted item to sell it without permission from the copyright owner.

First Sale

The __________ exception allows for limited use of copyrighted works without permission for purposes like teaching and research.

Fair Use

The Fair Use exception allows for limited use of copyrighted works without permission for purposes like __________ and __________.

teaching and research

Compilations of facts are considered __________ under copyright law.

Copyrightable

__________ of ______ are considered copyrightable under copyright law.

complications of facts

Under the Berne Convention, copyright protection is automatically granted without the need for __________ _____.

Copyright notice

Under the __________ __________, copyright protection is automatically granted without the need for copyright notice.

Berne Convention

The __________ Act makes the theft of trade secrets a federal crime.

Economic Espionage

__________ __________ can include customer lists, plans, and pricing information.

Trade secrets

The __________ __________ simplifies the process of securing international trademark protection.

Madrid Protocol

The Berne Convention requires __________ __________ to recognize each other's copyright.

member countries

The __________ agreement established international standards for the protection of intellectual property rights.

TRIPS

The Fair Use of a copyrighted work is not an infringement if it is used for __________ or __________.

criticism or comment

The __________ of a work is not copyrightable, but the __________ of that idea is.

Idea, expression

The __________ of a trade secret can occur if it is disclosed without authorization.

Misappropriation

The ______ _____ _____ _____ is a legal framework aimed at combating counterfeiting and piracy.

Anti Counterfeiting Trade Agreement

The ________ _____ of a computer program includes its overall structure and organization.

Copyright protection

In copyright law, __________ refers to the specific way an idea is expressed.

Expression

The __________ is a collection of preexisting materials that can be copyrightable if arranged in an original way.

Compilation

The __________ of trade secrets includes both ideas and their expression.

Protection

The __________ of the copyright holder can be sought in cases of infringement.

Damages

The __________ of a trade secret can lead to legal liability if discovered by improper means.

Disclosure

The __________ of copyright protection was extended for musicians in the EU under the Berne Convention.

Royalty period

The __________ is a legal term for information that gives a business an advantage over competitors.

Trade secret

The __________ is a collection of international agreements related to intellectual property rights.

Paris Convention

The _____ ___ _____ must be considered when determining fair use of a copyrighted work.

Amount and substantiality

Spam is defined as __________.

Bulk, unsolicited email

__________ is defened as bulk, unsolicited (junk) e-mail

Spam

The U.S. Safe Web Act allows the FTC to cooperate with foreign agencies in investigating __________ __________.

internet fraud

The __________-__________ Act prohibits the use of a false return address.

can spam

A __________ name identifies a site operator on the internet.

domain.

The part of the domain name to the right of the period is called the __________.

top level domain

Cybersquatting involves registering a domain name that is _______ or _____ _____ to a trademark.

identical or confusingly similar

__________ involves registering a domain name that is identical or confusingly similar to a trademark

Cybersquatting

The __________ __________ __________ _____ Act (ACPA) makes cybersquatting illegal.

Anti-Cybersquatting Consumer Protection

__________ relies on mistakes, such as typographical errors. made by internet users.

Typosquatting

__________ __________ are key words that give internet browsers specific information about a web page.

Meta tags

Using another's trademark in a meta tag without permission normally constitutes __________.

trademark infringement.

The _______ _____ _____ is a business or organization that offers users access to the internet.

internet service provider

The __________ is the part of the domain name to the left of the period.

second level domain

The ACPA applies to all domain name registrations of __________.

trademarks

The __________ Act provides a 'safe harbor' for ISPs.

US Safe Web

The __________ is the nonprofit corporation overseeing the distribution of domain names.

ICANN

The CAN-SPAM Act prohibits the harvesting of __________ __________ from websites.

email addresses

Frequent changes in domain name ownership facilitate __________.

cybersquatting.

Successful plaintiffs under the ACPA can elect to collect actual damages or receive __________.

statutory damages

Typosquatting is a form of cybersquatting that relies on __________ __________.

typographical errors

The __________ is the valuable reputation of a business viewed as an intangible asset.

goodwill.

The U.S. Safe Web Act. allows the FTC to share information with __________ __________.

foreign agencies

Meta tags can be used to increase the likelihood that a site will be included in ______ _____ _____.

search engine results

The __________ law is probably the most important form of intellectual property protection on the internet.

copyright

The Digital Millennium Copyright Act (DMCA) established civil and criminal penalties for anyone who circumvents __________ software.

encryption

Under the DMCA, an ISP is not liable for copyright infringement by its customer unless the ISP is aware of the subscriber's __________.

violation

File-sharing is accomplished through _______ __ _____ networking.

peer to peer

Cloud computing is essentially a subscription-based or __________ service.

pay per use

Social media forms of communication through which users create and share information, ideas, comments, and other content via ____ __________.

the internet