Chapter 4 Questions

CHAPTER 4 QUESTIONS

1. What is the difference between a trademark and a service mark?
2. What is "constructive notice"?
3. What are the advantages of trademark registration?
4. What is an "office action"?
5. What is the effect of a genericized trademark?
6. What is the Madrid System?
7. What is the difference between the ® symbol and the ™ symbol?
8. How does infringement differ from dilution?
9. What is the difference between "blurring" and "tarnishment"?
10. What is the definition of a "legal parody"?
11. What is a "nominative fair use"?
12. Does a plaintiff need to show actual economic harm to a famous trademark to obtain injunctive relief?
13. Why is a patent considered an exclusionary form of intellectual property?
14. How long is the duration of a patent?
15. Do patents protect ideas? Explain.
16. How do patents differ from trade secrets?
17. What are the three types of patents?
18. What are the three requirements to patent an invention?
19 What is "prior art"?
20. How do patent attorneys differ from patent agents?
21. If the inventor describes the invention in a publication, what must he do and when must he do it?
22. Does the United States have a "first to invent" or "first to file" patent system?
23. What standard did the America Invents Act establish?
24. List the three situations in which an employer might become the patent holder.
25. Give an example of a business methodology patent.
26. Give an example of a Web-related filing.
27. Who has the burden of proof in a patent infringement case?
28. Who has jurisdiction in patent cases (choose one)?
       (a) state courts
       (b) federal courts
       (c) state and federal courts
       (d) the U.S. Patent Commission
29. What is the "working requirement"?
30. Why is the Paris Convention of 1883 important?
31. What is a submarine patent?
32. What are the elements of a trade secret?
33. How long does trade secret protection last?
34. List two methods of misappropriation of trade secrets.
35. Under what circumstances would trade secrets fall under federal law?

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