Exam 8: Intellectual Property and Unfair Competition

One may challenge a patent's validity without first being sued for infringement by filing a declaratory judgment action that seeks a court ruling of invalidity.

Which type of marks are most likely to be registered for trademark protection?

In the case in the text,Lewis-Gale Medical Center,LLC v.Alldredge,the court held that the trial court erred because:

Which of the following characterizes section 43 (a)of the Lanham Act?

Even though no one else had developed an invention like that of the patent applicant,the application will be denied if,at the time of the invention,the invention would have been obvious to a person having ordinary skills in the area.

Which of the following characterizes the transfer of trademark rights?

Trademark protection in the United States is for 30 years.

There is no international copyright that automatically protects a copyrighted work everywhere in the world.

Under the Restatement's fault requirement for injurious falsehood cases,the plaintiff must prove that the defendant possessed ill will or spite motives toward the plaintiff.

How long is the legal temporary monopoly that present patent laws provide to the inventor after the filing of the patent application?

Although the Lanham Act is the federal trademark statute,section 43(a)of the statute may be invoked in various situations that do not involve trademark rights.

The World Intellectual Property Organization is a leading provider of conciliation for "bad faith" actions.

Which of the following characterizes copyright transfer?

Ms.Green is a teacher at a high school.She is teaching a class on civics and photocopies a chapter about government ethics by Mr.Blue.Ms.Green uses the photocopy to prepare a class discussion for her students,and after the class,she destroys the photocopy.Ms.Green is not guilty of a copyright violation.

CW,Inc.publishes Consumer Watchdog,a magazine whose articles consist of the writers' personal experiences with and reactions to a variety of products.In the June 1997 issue of Consumer Watchdog,a review included this statement: "Fungus Co.'s 'Fungo' brand athlete's foot powder doesn't cut the mustard in comparison to most athlete's foot powders on the market--and I've tried them all,sports fans.Fungo fails to attack athlete's foot with enough force because the product doesn't contain AF88,the active ingredient in any decent athlete's foot powder." In fact,Fungo contains as much AF88 as any other athlete's foot powder on the market.Fungus Co.has filed suit against CW on the theory that the above statements violated section 43(a)of the Lanham Act.On these facts,should Fungus win the section 43(a)case? Why or why not? Would Fungus have success under any other claims?

Which of the following permits a firm to register a trademark in all its signatory nations simultaneously by filing an application for registration in any signatory nation and was joined by the United States in 2003?

Which of the following statements is true of copyright?

Which of the following is protected by copyright laws in computer programs?

Patent law is always an area of exclusive federal jurisdiction.

Patent infringement may occur even if the defendant's use did not involve a literal reproduction of the patented item.