Exam 8: Intellectual Property Rights

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of

To be protected under the Copyright Act, a work must be

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is

Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.

France and the United States are signatories of the Berne Convention. Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by

Predictive Data LLC makes and sells software that enables a business to target its advertising precisely. The company could successfully bring an action for copyright infringement against a competitor who copies

A licensor who allows a licensee to use a trademark as part of the licensee's company name must also permit the licensee to use the mark on its products.

If a creative work is not copyrightable, other intellectual property law will not protect it.

United Inc., a U.S. film production company, files a suit against Video Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Both the U.S. and Mexico are signatories of the TRIPS agreement, under which United is entitled to

Leigh buys Masters of Business, a copyrighted book. Under the first sale doctrine, Leigh can legally

Some business processes can be protected as trade secrets.

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is

To obtain copyright protection under federal law, a work must be original.

A license that limits the uses of a patent by the licensee is unlawful.

Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. The publications are printed in a unique process that includes a 3-D printer. Phoenix could most likely obtain trademark protection for its

A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.

Alpha Inc. announces a new computer operating system to be marketed under the name McSoftware. McDonald's Corp. asserts that the use of this name infringes on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term. Alpha responds that "Mc" has come into generic use as a prefix and therefore McDonald's has no trademark rights to the prefix. Alpha files an action, seeking a judgment that the mark McSoftware does not infringe on McDonald's trademarks. What factors will the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

Salty Snacks Inc. markets a fish-shaped cracker. When Tasty Tidbits Inc. begins to sell a similar product, Salty files a suit against Tasty, alleging infringement and claiming that consumers are likely to be confused. The court will most likely

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur.