Exam 14: Intellectual Property

SparkLight, Inc. is a company that manufactures electric lights. It develops a new type of electric lamp called FullBright. One of its competitors releases the same product into the market. SparkLight, Inc. files a lawsuit against the competitor. Which of the following statements is true of this scenario?

The U.S. Supreme Court did not categorically find that business methods could not be patented.

Heather writes a novel and copyrights it. She publishes the novel in a magazine in three parts. She notices that her novel has been copied on to a website hosted by Simon. Which of the following statements is true of this scenario?

In 1976, the Copyright Act declared that computer software could be protected with a copyright.

A arrangement occurs when the patent holder issues a license to use the patented object only if the licensee agrees also to buy some non-patented product from the holder.

Which of the following can be protected using copyright law?

What are the merits and demerits of protecting an invention through a patent instead of trade secret law?

BBQ Grills, Inc. produces barbecue grills. One of its grills is a copy of the physical appearance of a grill sold by a rival company. Which of the following intellectual property infringement has BBQ Grills committed?

Audiophile is a record store. It specializes in a particular genre of music. It includes a distinctive sound in its advertisement campaigns. It wishes to protect this sound from being copied. Under which of the following intellectual properties should Audiophile register its distinctive sound?

Tying arrangements and cross-licensing are unlawful because they tend to reduce competition.

Going on public tours of plants and observing the use of trade secrets is considered an unlawful method of discovering a trade secret.

Which of the following is the next step in the process of obtaining a patent after contacting a patent attorney?

Reverse engineering is a lawful means for discovering a trade secret.

A tying arrangement occurs when a patent holder licenses a patent in exchange for royalties.

Which of the following is an incorrect statement regarding trademarks?

For the remainder of his or her life, a patent holder has the exclusive right to produce, sell, and use the object of the patent.

The U.S. Patent Office registers trademarks under the .

To succeed on a claim of trade-dress infringement, a plaintiff must prove that the .

A patent holder has a guarantee of an exclusive monopoly on the use of an invention for .

Under common law, to enjoin a competitor from continuing the use of a trade secret, or to recover damages caused by the use of the secret, a plaintiff must prove that the defendant used the trade secret without the plaintiff's permission.