Exam 8: Intellectual Property and Unfair Competition

Susan was hired by Teddy & Co.as a sales woman.However,management,upon seeing her intelligence and capabilities allowed her to use the office library and research facility to create an inventive product.Susan now wants to patent the product in her own name.This is not permissible under the:

Which of the following characterizes a trademark?

Which of the following is least likely to fall within the scope of what is protected by the copyright on the work in which it appears?

To qualify as a trade secret,it must:

Goods lawfully bearing trademarks or using patents and copyrighted material but entering the American markets without authorization are called ________.

In Coleman v.Retina Consultants,P.C. ,the case in the text,the court held that:

What is the first-to-invent rule?

What is the main aim of commercial torts?

Which of the following gives certain exclusive rights to creators of original works of authorship?

In a lawsuit for intentional interference with contractual relations,the existing contract includes:

Which tort would be appropriate for a plaintiff-businessperson to sue under if the defendant made a statement that impugns the plaintiff-businessperson's character or conduct?

Carlos has written a novel.He wants to protect his intellectual property with a copyright.What must he do first?

Which of the following creates civil liability for a wide range of false,misleading,confusing,or deceptive representations made in connection with goods or services?

Which of the following allows a defendant to be held liable for infringement even though the subject matter he used contained elements that were not identical to those described in the patentee's claims of invention,but nonetheless,may be seen as equivalent to those of the patented invention?

Eleanor Rigby is an employee of Strawberry Fields Music,Inc. ,a firm that specializes in the preparation of original music for possible use by advertisers in TV and radio commercials.In January 2000,Rigby wrote a song that is protected by copyright.She wrote the song as part of her regular duties as a Strawberry Fields employee.Rigby and Strawberry Fields did not have a written agreement concerning ownership of the copyright on the song.In February 2000,Rigby and Strawberry Fields published the song by making large numbers of copies available to the public.Statements A through D deal with ownership of the copyright on the song and with the duration of the copyright.Which statement is legally accurate?

The damages recoverable in a patent infringement case cannot be less than:

Customer lists are not patentable but may be subject to trade secret protection.

A patent can be transferred through an assignment to another party.

Which of the following is not likely to be considered a trade secret?

Which of the following recognizes a civil cause of action for misappropriation of trade secrets?