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In order for a color to function as a trademark, the color _…

In order for a color to function as a trademark, the color ____________ acquired distinctiveness.

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Assuming copyright ownership and a valid copyright registrat…

Assuming copyright ownership and a valid copyright registration is present, what two elements are needed to prove copyright infringement? (a) _______________________________ and (b) __________________________________. (fill in the blanks)

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A trademark/service mark serves to identify a particular ___…

A trademark/service mark serves to identify a particular _____________________ of goods or services. (fill in the blank) 

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________________ within a patent define the boundaries of th…

________________ within a patent define the boundaries of the property right that the patent confers. (fill in the blank)

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A work authored under the current Copyright Act _________ co…

A work authored under the current Copyright Act _________ contain a copyright notice when it is published in order to maintain copyright rights.

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Independent invention without knowledge of another’s patent…

Independent invention without knowledge of another’s patent ________ a defense to patent infringement.

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In order to have a valid trade secret misappropriation claim…

In order to have a valid trade secret misappropriation claim, the alleged misappropriator must have acquired the trade secret through unlawful (i.e., illegal) means or through a breach of confidence.

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A limited disclosure of a trade secret to a third party with…

A limited disclosure of a trade secret to a third party without an obligation of confidentiality prevents someone from prevailing on a trade secret claim because the trade secret owner did not take reasonable steps to protect the trade secret.

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In order to be patentable, an invention must be ____________…

In order to be patentable, an invention must be __________________ and _______________________ over prior art references. (fill in the blanks) 

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An inventor’s activities more than ________ year/years prior…

An inventor’s activities more than ________ year/years prior to the filing date of a patent application will statutorily bar (i.e., prevent) the inventor from being allowed to obtain a patent. (fill in the blank) 

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