Exam 8: Intellectual Property Rights

The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products.

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

A license that limits the uses of a patent by the licensee is unlawful.

A descriptive term is protected under trademark law if it acquires a secondary meaning.

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

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

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of

An unusual or fanciful trade name is not protected under trademark law.

To obtain copyright protection under federal law, a work must be original.

Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur.

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

Certain business processes are patentable.

A copyright owner who sells a copy of a work retains the right to control the further distribution of that copy.

Alpha Inc. announces a new computer operating system to be marketed under the name McSoftware. McDonald's Corp. asserts that the use of this name infringes on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term. Alpha responds that "Mc" has come into generic use as a prefix and therefore McDonald's has no trademark rights to the prefix. Alpha files an action, seeking a judgment that the mark McSoftware does not infringe on McDonald's trademarks. What factors will the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. The publications are printed in a unique process that includes a 3-D printer. Phoenix could most likely obtain trademark protection for its

Salty Snacks Inc. markets a fish-shaped cracker. When Tasty Tidbits Inc. begins to sell a similar product, Salty files a suit against Tasty, alleging infringement and claiming that consumers are likely to be confused. The court will most likely

Intellectual property is property resulting from intellectual, creative processes.

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is