Exam 4: Intellectual Property

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely​

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable for trademark infringement provided:

Trade names have the same legal protection as trademarks.

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely​

The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods and pirated, copyrighted works being distributed via the Internet.

A service mark distinguishes products used by those in public service.

All aspects of software are protected by copyright law.

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

A trade name cannot be protected if it is unusual.

iMeeMine Inc. develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for​

A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.

Trade Publishing Inc. owns the rights to the Aura series of paranormal-themed novels, and publishes and sells copies in bookstores and online. Sydney buys and reads a copy of each book in the series. With regard to these copies, Sydney can​

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

James buys a copy of the book Kangaroo Down, Sport. Later, after reading the book, James sells the book to his sister Laura. James's sale of the book is​

Alison plots a new Black Widow adventure and carefully and skillfully imitates the art of Marvel Comics to create an authentic-looking Black Widow graphic novel. Alison is not affiliated with the owners of the copyright to Black Widow. Can Alison publish the novel as her own work without infringing on the owners' copyright?​

In order to be patentable, the subject must be novel, useful and non-obvious.

The TRIPS agreement covers computer programs.

Theft of confidential data by industrial espionage is a theft of trade secrets.

The need to protect intellectual property is recognized in the Declaration of Independence.