Exam 25: Intellectual Property

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

Which of the following would generally not be patentable?

If an item has been patented but has not been marked as patented and infringement occurs, the patent holder is generally barred from collecting damages.

Your school is embarking on a new advertising campaign and has started using the tagline "The Rolls-Royce of Higher Education." Assuming that Rolls-Royce is a registered trademark, can your school be liable for trademark infringement or trademark dilution?

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

In Metro-Goldwyn-Mayer Studios v. Grokster Ltd., Grokster claimed a fair use exception to the copyright infringement claim because its process was such that it was impossible for Grokster to know if the users of its device were infringing or not.

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.

If a student goes to the library and plagiarizes text from a book or other publication, he or she is guilty of indirect infringement.

The rule of addition applies when someone creates something exactly like an item already patented but adds some sort of extra feature or improvement. That new extra-feature item will not be considered a patent infringement.

The Computer Software Copyright Act defined computer software programs as:

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:

Since a trademark can gain protection by being used in commerce, what would the advantages be of registering the trademark with the U.S. Patent and Trademark Office?

The visitor's bureau in your school's county has a website with a section titled "Education." This section of the site has hyperlinks to each elementary through high school as well as links to colleges and universities with campuses in the county. If the link to your school's home page was placed on the bureau's site without your school's consent, the travel bureau is guilty of infringement.

On what grounds might the U.S. Patent and Trademark Office deny or reject an application for trademark protection?

When a copyright owner can prove that she or he has legal ownership of the work and that the infringer copied the work without permission, this is called ______ infringement.

"Snapple" is an example of a(an) ________ trademark.

Allen calls PepsiCo, the makers of Pepsi Cola, saying that he's 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.

Zippo's is an online retailer of men's and women's clothing and fashion accessories. Zippo's maintains a list of its customers and its customers' preferences. This list could qualify as a trade secret.

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

The doctrine of equivalence will negate the effect of the doctrine of omission if the new item performs substantially the same function as the already patented item.