Exam 8: Intellectual Property Rights

Don One decides to use his personal name for a line of clothing he is developing. In this circumstance, Don One will receive trademark protection under the law when

Trademark dilution cannot occur online.

Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is

Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is

The products involved in a trademark dilution suit must be similar.

Information that may be protected as trade secrets includes

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

A trade name is used to indicate all or part of a business's name.

Like most successful companies, Phones Inc. has trade secrets. The law protects those secrets if the information is

Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against

With respect to a patented process, all steps or their equivalent must be copied for infringement to occur.

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

The need to protect intellectual property is recognized in the U.S. Constitution.

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

The United States can prosecute foreign counterfeiters under U.S. law.

Once a manufacturer's trademark is established, another manufacturer may use it without permission.