Exam 40: Intellectual Property

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.

A design patent:

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

The remedies for infringement under the Patent Act are:

An example of a "certification mark" would be:

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

Examples of service marks include:

Regarding trademark protection:

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

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

A person may misappropriate a trade secret by unintentionally discovering it.

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

Trade secret law protects a trade secret for renewable 20-year terms.

Infringement of a mark occurs when:

The "Good Housekeeping Seal of Approval" is an example of a service mark.

The Economic Espionage Act of 1996 prohibits the theft of trade secrets and provides criminal penalties for violations.

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work. A producer read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?

In most cases, copyright protection lasts for the period of a person's life plus an additional seventy years.

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

In the Ed Nowogroski Insurance, Inc. v. Rucker case, the court found that: