Exam 40: Intellectual Property

A patent would be appropriate in all but which one of the following cases?

Copyright infringement may be unintentional.

A person is a direct infringer if he knowingly sells or supplies a part or component of a patented invention.

The Defend Trade Secrets Act (DTSA)  amends the Economic Espionage Act to allow the owner of a trade secret that is misappropriated to bring a civil action in federal court if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.

The fraudulent marketing of one person's goods as those of another is referred to as:

A professor photocopies fifty copies of a copyrighted chart to distribute to his students in class. This is a clear violation of the Copyright Act.

A sculptor wishes to protect one of his original works. He may do so by applying for a:

Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

Under the Leahy-Smith America Invents Act signed into law in 2011:

The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

Wanda has an idea for a novel, but she won't have time to write it until next year. She may protect it by means of:

The union mark attached to many goods in the United States is a collective mark.

Examples of service marks include:

Two years of nonuse raises a presumption of abandonment and loss of a federally protected trademark.

The Economic Espionage Act of 1996 makes it a federal criminal offense to misappropriate a trade secret that has an interstate or foreign connection.

Unlike other types of intellectual property, which are primarily protected under state law, trade secrets historically have been protected by federal law.

Discuss the concept of fair use in relation to copyright law.

An example of a "certification mark" would be:

Injunctive relief is a common remedy under the Lanham Act.

Identify the following trade symbols according to their type. a. The Underwriter's Laboratory Mark. b. The apple used by Apple Computers. c. The "GM" symbol that appears on General Motors' automobiles. d. The "A" symbol used by American Airlines. e. The Muppets characters Miss Piggy and Kermit the Frog. f. The union-made symbol.