Exam 12: Intellectual Property

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good housekeeping Seal of Approval"?

Which of the following correctly lists the categories that a mark may fall into in order of ascending strength (weakest to strongest)?

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town. -Which of the following statements, if true, would be most likely to support a finding that Benji's mark does not infringe on Natalia's mark?

Eugene received a patent that was issued for an object he invented. How long does Eugene have the exclusive right to produce, sell, and use the object of the patent from the date of application?

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit. -Which of the following statements, if true, would best support dismissal of the lawsuit against Saya?

The Fair Use Doctrine allows for a portion of a copyrighted work to be reproduced for purposes of ________.

Which of the following is not a principle of The Paris Convention of 1883?

Xavier has developed a new secret diet soda recipe using an ingredient no one else has ever used. He keeps the secret recipe locked in a secure vault for protection. Melia, angry with Xavier for breaking off their relationship, breaks into the safe based on the pass code Xavier had hidden in his desk. Melia sells the secret formula to a competitor who had been working to reverse engineer the formula. Can Xavier sue Melia for trade secret violation?

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town. -If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark, how would a court most likely rule?

The address of an organization website ends with ________.

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

Typically, a plaintiff does not need to show consumer confusion in a trademark dilution action.

Cross-licensing occurs when two patent holders license each other to use their patents and can have other patent holders join the patent at any time.

Which of the following is true about software piracy in China?

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit. -Where could Ramona file a patent infringement suit?

A competitor may discover a trade secret by any lawful means such as going on a public plant tour.

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit. -Saya believes the reexamination request is a good strategy because it will slow down the litigation against her. Is she correct?

[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales. -The agreement between Felicia and Evan is what type of agreement?

Tomas took a number of wedding photos at Maura's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Maura came to see Tomas three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Maura started a heated argument. She told Tomas that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable. -If Tomas decides to register the photographs for copyright protection, how would he go about doing so?

[Grooming Dispute] Marcus has a successful dog grooming business called "Bark & Bath." He registered the business name for trademark protection. Jonah noticed how well Marcus was doing and opened his own business called "Bark & Bath II." Marcus is unhappy about Jonah's use of the name. He is also unhappy because Jonah is copying Marcus's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Marcus sues Jonah for trademark infringement based upon the name and the use of the orange bandana. Jonah replies that one reason Marcus should not prevail is that he is involved primarily in the sale of dog grooming products while Marcus is involved in the grooming of dogs. Jonah claims that his use of the orange bandana is very rare because he does very little grooming. Jonah also defends on the basis that actual confusion among consumers does not exist. Marcus insists that he should prevail and notes that he is considering expanding into the product sales area. -Regarding Marcus' claim of trademark infringement involving the color of the bandana, which statement is accurate?