Exam 11: Intellectual property

Fact Pattern 11-1 Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory. -Refer to fact pattern 11-1. Assuming the validity of the earlier patent,which of the following is true regarding Samantha's rights to legally continue selling the combs?

After a patent expires,the invention is dedicated to the public.

A descriptive mark that is initially unavailable for protection can still become protectable if it acquires ________ meaning.

Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

What are the four basic types of intellectual property?

Mandy purchased a business law book and used it during her business law class. She later loaned the book to Steven,and then to Christen. Another student accused her of copyright violation and threatened to report her to the book publisher and also to her school's ethics board. Did Mandy violate the copyright laws?

The practice of _________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.

An example of a fanciful trademark is

Intellectual property is any product or result of a mental process that is given legal protection against unauthorized use.

As a matter of law,a combination of two inventions cannot be considered nonobvious.

Priscilla bought a new CD with her favorite Christmas music on it. She promptly proceeded to copy it for 15 of her best friends,including Brenda,and provided it free of charge. Unknown to Priscilla,Brenda's brother,Chris,was a member of the band. When he found out how Brenda got the disk,he angrily called Priscilla and accused her of copyright infringement. Is he correct that Priscilla is guilty of copyright infringement?

A _________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

Which of the following is not true regarding current U.S.copyright law?

Perry is a playwright.He wrote and produced an off-Broadway play about the life of Colonel Sanders,"Just a Drop in the Bucket," that closed after the third performance.Later that same year,on vacation in Los Angeles,he went to see a new production called "Fry It Anyway." Perry was appalled to discover that the play was substantially similar to his own."Fry It Anyway" becomes a big hit.What protections are available for Perry? What defenses are available against any claims Perry might make? What additional protections would be available had Perry registered under the federal Copyright Act? Discuss fully.

Set forth the requirements an invention must meet in order to be eligible for a utility patent as well as the requirements for patentable subject matter.

The packaging or dressing of a product may be protected under the trademark laws as trade dress.

The Uniform Trade Secrets Act is a federal law.

Which of the following is not a part of a patent application?

Which of the following was the result in Bilski v.Kappos,the case in the text involving whether a business process explaining how buyers and sellers of commodities in the energy market can use hedging to protect against price fluctuations is patentable?