ALP Intellectual Property & Technology Law Flashcards
6 cards from real ALP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 ALP Intellectual Property & Technology Law flashcards as text
Which symbol may only be used after a trademark has been officially registered with the USPTO?
Answer: ®
The ® symbol is reserved exclusively for marks registered with the USPTO; using it before registration is a federal violation.
Under the 'work for hire' doctrine, who owns the copyright to work created by an employee within the scope of employment?
Answer: The employer
Under the work-for-hire doctrine, the employer is deemed the legal author and copyright owner of works created by employees in the course of their employment.
What is the primary purpose of a non-disclosure agreement (NDA) in the context of intellectual property?
Answer: To protect confidential information from unauthorized disclosure
NDAs contractually obligate parties to keep proprietary or sensitive information confidential, protecting trade secrets and other IP from unauthorized use.
The Lanham Act is the primary federal statute governing which area of intellectual property?
Answer: Trademarks and unfair competition
The Lanham Act provides the legal framework for federal trademark registration, protection, and related unfair competition claims.
Which federal law enacted in 2016 created a federal civil cause of action for trade secret misappropriation?
Answer: Defend Trade Secrets Act (DTSA)
The Defend Trade Secrets Act of 2016 established a federal civil remedy for trade secret misappropriation, supplementing existing state law protections.
What is 'patent trolling' in the context of IP litigation?
Answer: Acquiring patents solely to sue for infringement rather than to develop products
Patent trolls (non-practicing entities) accumulate patents not to commercialize innovations but to generate revenue through licensing demands and infringement lawsuits.