Exam 12: Intellectual Property

[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. -Which of the following was the result on appeal in In Re Simon Shiao Tam, the case in the text involving a challenge to the Lanham Act's requirement that a mark not be disparaging?

A mark licensed by a group that has established certain criteria for its use, such as "U.L. Tested" or "Good Housekeeping Seal of Approval," is known as a service mark.

Aleem properly filed for a patent on a new machine with the U.S. Patent and Trademark Office. Erin, who had been working on the same type of machine was furious when she learned about Aleem's filing. She presented proof that she had actually invented the machine first but had not yet prepared the paperwork for filing at the time of Aleem's filing. Assuming no wrongdoing on the part of either party and that they developed the machine independently, which of the following is the correct resolution of the dispute?

[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 that the name Jonah chose violates his trademark protection, which statement is accurate?

As recognized in the case in the text, Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc., to obtain trademark protection, a descriptive term must have attained ________.

The address of a government website ends with ________.

Which of the following administers international treaties pertaining to the protection of intellectual property?

Identify where a trademark is registered, what one should do when requesting registration, and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

Which of the following is an example of a product developing secondary meaning?

[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. -Felicia's agreement with Mei allowing Mei to sell the mask is referred to as which of following?

Paige is unhappy because a play she wrote and has a copyright on has been placed on the Internet. She hears that you are taking business law and asks what she can do in remedying the situation and suing Internet service providers. What would you tell her? Reference the federal law involved and its pertinent provisions.

________ is considered to be the fruits of one's mind.

Which of the following is not a basic principle developed by the Berne Convention of 1886 that protects artistic rights?

Ximena, who runs a successful real estate agency, ran across a very interesting pamphlet on customer relations. The pamphlet was fifty pages long and cost $70.00. Ximena thought the price was outrageous. Accordingly, she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees. She copied forty of the pages out of the pamphlet for each of twenty employees. A disgruntled employee informed the pamphlet's publisher what Ximena had done, and she was charged with copyright infringement. Ximena defended on the basis of the fair use doctrine. Discuss the four factors a court would consider in determining whether a violation occurred and whether you think Ximena would prevail.

Assuming a trademark was initially registered after 1990, how often must the trademark be renewed after the initial renewal?

Copyrights will be granted when a work is set out in a tangible medium of expression, is original and is creative.

Which of the following would a patent not protect?

Evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action, as in the case of Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc.

A trademark must be registered with the U.S. Patent and Trademark Office under the ________ to be protected in interstate use.

Which statement is accurate regarding whether the shape of a product or package may be a trademark?