Exam 25: Intellectual Property

A professor at your school has discovered that if certain music is played in the background during lectures, the room is lit to a particular level, the temperature is maintained at a particular level, and the professor speaks within a particular tonal range, students understand and retain the information presented at an astonishing 84 percent higher rate than students hearing the same lecture without these conditions. The professor has even created a machine that converts the professor's voice to the tonal range required. The school has been advertising that this process will be implemented in all classrooms, and freshman applications have more than tripled. Is this process protectable as a trade secret, and if so, how effective will the protection be?

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(Essay)

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Question 1

Correct Answer:

Verified

The process will be eligible for protection if the school can show that it is taking steps to protect the process and is requiring confidentiality among employees and those they deal with. The value to the school's competitors is evident, based on the boost in freshman applications, and as a new combination of components, the process itself is not known to competitors. Unfortunately, even though protection may be granted, the nature of the combination of the process's components would be very easy to discover and emulate through independent investigation. By entering a process-equipped classroom, a person will be able to hear the music, measure the temperature, measure the lighting, and even measure or recognize the professor's tonal range, so the protections will not be entirely effective.

The rule of omission applies when someone creates something exactly like an item already patented but deletes a feature included in the original product. The new product will not be considered a patent infringement if the deleted feature was a significant element of the original.

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(True/False)

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Question 2

Correct Answer:

Verified

True

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.

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Question 3

Correct Answer:

Verified

False

The Digital Millennium Copyright Act provided each of the following protections except:

(Multiple Choice)

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Question 4

The No Electronic Theft Act primarily addressed protection regarding:

(Multiple Choice)

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Question 5

Which of the following is a service mark?

(Multiple Choice)

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Question 6

When a trademark has become representative of a broad type of products as opposed to being descriptive of a particular brand, the trademark has become ________ and the holder has lost the right to enforce the mark against competitors.

(Short Answer)

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Question 7

Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010 Mike completes the companion book, and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publisher's copyright run out and expire?

(Multiple Choice)

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Question 8

Suggestive trademarks gain trademark protection only if they have acquired a secondary meaning.

(True/False)

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Question 9

Why does Xerox Corporation take out full-page ads in national publications stressing that it is improper to use the word Xeroxing when referring to making a photocopy?

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Question 10

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

(True/False)

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Question 11

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

(True/False)

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Question 12

A utility or business method patent will last for:

(Multiple Choice)

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Question 13

Name the five factors that the courts use to determine whether certain material constitutes a trade secret.

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Question 14

A patent equates to a governmentally sanctioned monopoly right.

(True/False)

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Question 15

A design patent will last for:

(Multiple Choice)

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Question 16

The standard that must be met for a plaintiff to win a trademark dilution claim is likelihood of confusion.

(True/False)

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Question 17

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

(Short Answer)

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Question 18

Professor Patty is very distraught that three students in her class cannot afford to buy the 42-chapter book for the course. The book is used for two semesters, although not all students take the second semester. She finally tells the three students that she will make copies of the first 21 chapters for them, at no charge. Professor Patty makes the copies and gives each chapter to the students prior to her coverage of the relevant chapter in class. If Professor Patty is sued for copyright infringement:

(Multiple Choice)

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Question 19

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

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Question 20

Showing 1 - 20 of 80

Exam 25: Intellectual Property

The rule of omission applies when someone creates something exactly like an item already patented but deletes a feature included in the original product. The new product will not be considered a patent infringement if the deleted feature was a significant element of the original.

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.

The Digital Millennium Copyright Act provided each of the following protections except:

The No Electronic Theft Act primarily addressed protection regarding:

Which of the following is a service mark?

When a trademark has become representative of a broad type of products as opposed to being descriptive of a particular brand, the trademark has become ________ and the holder has lost the right to enforce the mark against competitors.

Suggestive trademarks gain trademark protection only if they have acquired a secondary meaning.

Why does Xerox Corporation take out full-page ads in national publications stressing that it is improper to use the word Xeroxing when referring to making a photocopy?

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

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

A utility or business method patent will last for:

Name the five factors that the courts use to determine whether certain material constitutes a trade secret.

A patent equates to a governmentally sanctioned monopoly right.

A design patent will last for:

The standard that must be met for a plaintiff to win a trademark dilution claim is likelihood of confusion.

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

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

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