Exam 8: Intellectual Property Rights

A license permits the use of another's intellectual property for certain limited purposes.

It is estimated that over 70 percent of the goods imported to the United States are counterfeit.

A person who buys a copyrighted work cannot sell it to someone else.

Foreign firms cannot obtain U.S.patent protection on items that they sell in the United States.

A certification mark distinguishes products approved, or "certified," by the government.

By using another's trademark, a business could lead consumers to believe that its goods were made by the other business.

Mace copies Nick's book, Mumbai Monsoon, in its entirety and sells it to Parkland Books, Inc., without Nick's permission.Parkland publishes it under Mace's name.This is

College Copy Shop (CCS) compiles, copies, and sells reading materials to students.The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students.The copied materials include texts published by Deep Topics, Inc.CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations.Deep Topics and others file a suit against CCS, alleging infringement of their intellectual property rights.Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

Ewa is Diamond Financial Planners' most productive employee.She is dissatisfied with the commission structure, however, so she quits to work for Feldstar Investments, Inc.When she leaves Diamond's employ, she takes her list of Diamond's clients so that she can induce them to switch to Feldstar.Trade secrets law covers

The 1995 Federal Trademark Dilution Act allowed trademark owners to bring suit in federal court for trademark dilution.

Stormclouds Inc.makes and markets its U.S.patented Tempest Tablet in the United States.Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission.Squalls is

Copyright protection is automatic-registration is not required.

The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods and to pirated copyrighted works being distributed via the Internet.

Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product.Ric can obtain patent protection for

A suggestive use of ordinary words may be trademarked.

Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers.Elvin's use of the chapter is actionable provided

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

Sayers is very clever and spends lots of time creating new things.Which of the following is not copyrightable?

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Trend Flash, Ltd.Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that