Exam 34: Intellectual Property

If a trademarked name acquires a generic meaning,the owner of the trademark loses protection.

Erin and her band played a very familiar song.However,they made up different words for the song that were intended to be funny.Erin's version of the popular song with different words is known as:

Jack goes to Fast Copy Center and pays to have 40 copies of a textbook made.Jack then sells the photocopied versions of the book to fellow students for $60 a copy (as opposed to the $95 textbook price).The textbook author learns of this and sues Jack and the copy center.Which statement is correct?

Brighton Inc.used a famous registered trademark of Hartley Corp.,Inc.in a manner that reduced its value.This is a violation of the:

Jerome invents a novel,useful,nonobvious product.He:

Christy and Sylvester trade movies by downloading each other's movies.If the copyrighted material has a retail value greater than $1,000,Christy and Sylvester are subject to criminal penalties under the No Electronic Theft Act,even if they had no profit motive in reproducing the movies.

McDonald's famous golden arches and other marks used by the company illustrate a:

The Good Housekeeping Seal of Approval is an example of a:

A design patent protects the appearance of an item and is valid for 14 years.

Unlike with patents,the ideas underlying copyrighted material need not be novel.

Which of the following is an advantage of trademark registration?

The case Pollack v.Skinsmart Dermatology and Aesthetic Center P.C.deals with copyright infringement.

A college professor copies seven chapters from a book called "How to Get Better Grades-A Creative Approach to College Success!" There are ten chapters in the book.She incorporates this material into a packet of material that is printed in her college's copy center.The packet is then placed in the local book store and is placed on the required materials list for students to purchase.The author of the book on getting better grades believes the professor has violated his copyright.

Victoria registered a trademark under the Lanham Act.Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?

Five years after a mark is registered,the mark becomes virtually incontestable because most challenges are barred.

A patent may be granted for:

In hopes of speeding up the approval process and making it more accurate,the Patent and Trademark Office has begun a pilot program which allows anyone to participate in the patent approval process.

Richard wrote a song called "College Days." He copyrighted the composition and had it professionally printed.A couple years later he was attending a business meeting about 1500 miles from his home.While sitting in a nightclub,he heard a small local band perform a song called "College Memories." The music and words were extremely similar to his song.The composer of "College Memories" claims he never heard of Richard's song and that she is offended he would accuse her of stealing his work.If Richard wishes to sue for copyright infringement,he must prove:

In order for a copyright holder to collect money damages from a person who used copyrighted material,it must be proven that:

Which of the following started out as a trademark name?