Exam 24: Intellectual Property

​The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Richard wrote a song called "College Days." He copyrighted the composition and had it professionally printed. A couple years later, he was attending a business meeting about 1,500 miles from his home. While sitting in a nightclub, he heard a small local band perform a song called "College Memories." The music and words were extremely similar to his song. The composer of "College Memories" claims he never heard of Richard's song and that she is offended he would accuse her of stealing his work. If Richard wishes to sue for copyright infringement, he must prove

Southern Bar-B-Q owns a special, secret recipe for sauce which it guards because it gives the restaurant a competitive advantage. If Mort willfully misappropriates the recipe, a court may hold him liable to Southern for double damages.

James and his band played a very familiar song. However, they made up different words for the song that were intended to be funny. James's version of the popular song with different words is known as a

What is the best definition of a trade secret ?

McDonald's famous golden arches and other marks used by the company illustrate a

If a trademarked name acquires a generic meaning, the owner of the trademark loses protection.

A college professor copies seven chapters from a book called "How to Get Better Grades-A Creative Approach to College Success!" There are ten chapters in the book. She incorporates this material into a packet that is printed in her college's copy center. The packet is then placed on the required materials list for students to purchase and is sold in the local book store. The author of the book believes the professor has violated his copyright.

Monic, a college professor, makes 30 photocopies of a magazine article and passes the article out to her students. The students are assigned to read the article and write an opinion paper about it. Has Monic violated copyright law?

Derrick buys a CD but, after listening to it, decides he doesn't like the music. May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music, may he legally copy the CD for her?

A design patent protects the appearance of an item and is valid for 14 years.

In order for a copyright holder to collect money damages from a person who used copyrighted material, it must be proven that

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

A new savings and loan bank called Federal Deposit Bank applied for a trademark of its name. Why will this bank probably not receive trademark approval?

A trademark lasts for

​Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret. She is likely to receive this patent.

Victoria registered a trademark under the Lanham Act. Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it because he had used it in his home state, even though he hadn't registered it. Will Don prevail?

Of the following, which is an advantage of trademark registration?

A patent is available for an idea as well as a tangible application.