Exam 40: Intellectual Property

Infringement of a mark is the unauthorized use of an identical or substantially indistinguishable mark that is likely to cause confusion, to cause mistake, or to deceive.

Nature's Finest, Inc. develops a fruit juice bottle design and label with distinctive shades of orange, red, and green. Only the company's name and not the appearance of its product can be a trademark.

Integrative Technologies Company may copyright a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.

George's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect its trade secrets.

Curtis, without authorization and after many unsuccessful attempts to access the information, downloads a formula used by his employer to make an award-winning product. He plans to sell the formula to a competitor and make enough money to retire. Instead, he may face:

The duration of a copyright is the same whether the copyright is owned by the author or if it is a work for hire.

A design patent:

The designation "TM" or "SM" cannot be used until and unless the mark is registered.

Intellectual property consists of which of the following?

Federal trademark protection:

An employee may quit and then use information he learned at the company to compete with the company, unless there was some unfair competition or trade secret involved.

One way of keeping a trade secret is to obtain a patent on it.

The Economic Espionage Act of 1996 defines theft of trade secrets to include:

How long does a copyright last?

An artist would like to protect one of her original oil paintings from being sold as original prints. She may protect her painting by applying for a:

To which of the following limitations are the rights of the holder of a copyright subject?

Trade symbols would include which of the following?

A patent last for life, while a copyright ends after 50 years.

Federal trademark protection may be obtained for the symbol of the U.S. flag.

The owner of a collective mark is the producer of the goods it seeks to mark.