Exam 8: Intellectual Property Rights

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

Without permission, Race Runners Inc. uses a trademark that is similar to the registered mark of Swiftfoot, Inc. This use of the mark constitutes trademark dilution

Fanciful trademarks are sometimes considered to be the most distinctive trademarks.

Works that are copyrightable include product packaging.

If a creative work is not copyrightable, other intellectual property law will not protect it.

Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.

A patent applicant must demonstrate that an invention is useful to receive a patent.

Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to

Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

The need to protect intellectual property is recognized in the U.S. Constitution.

College Copy Shop (CCS)compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

To be protected under the Copyright Act, a work must be

To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally.

Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.

Service marks are not protected in the same way as trademarks.

O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is

Pricing information is not a trade secret.