Exam 9: Intellectual Property

A copyright gives the copyright owner the right to perform the work in public.

In New York Times Co. v. Tasini, involving the electronic database reproduction of previously published newspaper articles, the Supreme Court held that:

If the holder of a trademark does not put a notice of the registration, such as ® or TM, by the mark, it loses protection since there is no notice.

For something to be a trade secret, it may not be known by anyone but the inventor of the secret.

The texture of a product may be protected by trademark law.

Rights of literary property as recognized by law are:

In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that:

Private parties can obtain search-and-seizure orders to grab counterfeit goods under the:

The Copyright Act allows fair use of copyrighted material in which of the following:

In Audi AG v. D'Amato the appeals court held that Audi's name suffered infringement by D'Amato's use of the name Audi in his website advertising.

The benefit or advantage of having an established business and secured customers is:

A firm can make a decision to either patent a product or make is subject to trade secret law, but using one generally eliminates the use of the other.

Information that is not known by the competition and would cause a business to lose its advantage if the competition obtained it and is protected from disclosure by the owner is:

The ____ is responsible for registering copyrights.

Once a word is registered as a trademark, it may not be used in commerce for any other good.

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement. Which of the following is a factor considered when determining whether there is a "likelihood of confusion":

Which of the following is part of a notice of copyright:

If you decided to open up the "Coca-Cola Diner" you would probably infringe on a trade name.

In New York Times v. Tasini the Supreme Court held that copyright in electronic publication of copyrighted works belonged to the original publisher of the work.

When registering a trademark the applicant must submit a copy of the mark, which is referred to as a(n):