Exam 25: Intellectual Property

United Parcel Service has determined that the fewer left turns their trucks make, the more fuel they can conserve and the savings are significant. As a result, the company has gone to great lengths to design and schedule delivery routes that primarily make right turns. This business method is patentable.

Each of the following is considered trade dress except:

The three stripes on Adidas clothing represent:

Martin is an intern working for Tennessee Fried Chicken, an international company with over 1,000 franchised restaurants throughout the United States and in 21 other countries. TFC heavily advertises on television and in various print media that its chicken is superior due to its blend of "42 secret herbs and spices." Many have tried to duplicate the recipe unsuccessfully, and burglars have even been caught trying to steal it. One day Martin is called into the president's office for an assignment, and during the talk the president leaves the room, leaving Martin alone. Martin notices that the wall safe is open and looks inside, where he sees an envelope labeled "THE RECIPE." He opens it and finds that it's the list of the 42 secret herbs and spices, along with quantities and order of use. He quickly makes a copy of the recipe and returns the envelope to the safe. That afternoon he calls Bluto's Fried Chicken, a TFC competitor, and informs Bluto's of the information he possesses, and they arrange a meeting.

A patent pertaining to an invention is called a ________ patent.

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

In Custom Vehicles v. Forest River, Custom sued because Forest used the term "Work and Play" to describe a van it manufactured after Custom had registered the mark "Work-N-Play" to describe a vehicle it had built. The court found no trademark infringement because Work-N-Play:

The color or shape of an item, if distinctive, is:

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

Mike has written a novel.

One significant benefit of obtaining a patent is that the cost of defending a patent is relatively minimal compared to the cost of typical lawsuits.

A trademark application to the U.S. Patent and Trademark Office that is rejected may still be entitled to trademark protection but not entitled to statutory benefits provided by law.

A process or procedure is not eligible for copyright protection.

Which of the following does not have to be shown for copyright protection to be granted?

Depending on the jurisdiction, computer software programs may be afforded protection under either copyright law or patent law.

Trade secret protections are provided through:

Name the factors looked at by the courts in applying the Polaroid test to determine whether trademark infringement has occurred.

"Coppertone" is an example of a ________ trademark.

Misappropriation is a civil offense punishable by compensatory and punitive damages but is not a criminal offense in any state.

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