Exam 39: Protection of Intellectual Property

Federal Flag Company sends in an American flag for registration under the Lanham Act. The registration will be accepted.

Professor Wright photocopies 50 copies of a copyrighted chart to distribute to his students in class. This is a clear violation of the Copyright Act.

The United States joined the Berne Convention, an international treaty protecting copyrighted works.

Which one of the following cannot be registered under the Lanham Act?

A person is a contributory infringer if he knowingly sells or offers to sell a part or component of a patented invention.

In most cases, how long does a copyright last?

A patent lasts for the same period of time as a copyright.

A sculptor wishes to protect one of his original works. He may do so by applying for a:

The Lanham Act has been amended by the:

Intentional trafficking in goods known to bear a counterfeit mark can be a criminal offense.

INM Corporation is in the business of developing genetically engineered pharmaceutical products. It has developed a new genetically engineered microorganism that it would like to protect from unauthorized use by others. INM may patent the microorganism.

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work. A vice-president/producer at a film studio read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?

Incellmed Corporation is in the business of developing genetically engineered pharmaceutical products. It uses a number of highly technical secret processes in its business. Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company. He then went to work for one of Incellmed's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Incellmed. What, if any, recourse does Incellmed have under the circumstances?

A trade secret is commercially valuable information that is guarded from disclosure and is not general knowledge.

What are some of the remedies available for infringement under the Lanham Act?

The U.S. Patent and Trademark Office issues a patent upon an application containing:

Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

The fraudulent marketing of one person's goods as those of another is referred to as:

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years, or both.

Misappropriation of a trade secret is the wrongful use of a trade secret.