Exam 24: Intellectual Property

Which of the following is an example of a suggestive trademark?

All trade secrets are protectable by either patent or copyright laws.

Which of the following is a service mark?

Philip has reproduced a patented device,leaving out an insignificant function.He would still be violating the original patent according to the doctrine of _______.

Which of the following would generally not be patentable?

Your school or college has just received a specialized accreditation for which a lot of work has been done.This specialized accreditation is a great achievement.If the accrediting body takes a picture from your school or college's website and publishes the picture as a thumbnail,along with a hyperlink to your school or college's website,on its site to advertise or announce the accomplishment,the accrediting body is infringing on the picture's copyright.

An essentially minimal improvement to an existing invention that is not worthy of patent protection is called a[n] _______ improvement and is considered relatively obvious.

Allen calls PepsiCo,the makers of Pepsi Cola,saying that he is an employee of Coca-Cola and he has the Coca-Cola secret recipe.The recipe is legendary as a closely guarded secret supposedly known to only a handful of people in the world.They arrange a meeting.Allen begins the meeting by stating that he acquired the recipe legally,and the PepsiCo representative says that she believes him and PepsiCo will buy it.Allen in fact stole the recipe.Since PepsiCo does not know specifically that the recipe was acquired improperly by Allen,the company cannot be guilty of misappropriation.

Once a patent has been issued by the U.S.Patent and Trademark Office,the patent cannot be challenged or revoked due to the comprehensive investigation performed by the USPTO prior to issuance.

Patent applicants often rely on trade secret laws to protect their inventions while patent applications are in progress.

"After Tan" is an example of a[n] _______ trademark.

Mary Beth has written a novel.Copyright protection regarding her work will be for

A telephone book listing citizens' names,addresses,and phone numbers may not be copyrighted.

A study published in the Harvard Business Review in January 2000 found that intellectual property represents approximately _______ of an average firm's value.

Cynthia hates writing term papers and reports,so when she receives an assignment to write a paper for her law class,she calls her friend Stephanie and agrees to pay Stephanie to write the paper for her.Stephanie,instead of writing the paper,copies a paper from a small,remote law journal that publishes faculty-written papers from throughout the world online.When the plagiarism is discovered,an infringement claim is brought.Cynthia is guilty of

Both Lloyd and Harry are claiming patent protection for the same invention that each independently created.The rights to protection will be awarded to

How is it possible for two different parties to have simultaneous rights to use the same trademark?

A trademark can be any of the following except a

Satires and parodies have generally been deemed not to be copyright infringement due to the fair use defense.

If a written work has been completed but has not been put into the public domain,fair use can never be used as a defense if the work is copied or used by another.