Exam 24: Intellectual Property

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 their site advertising or announcing the accomplishment,they are infringing on the picture's copyright.

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

Zippo's is an on-line retailer of men's and women's clothing and fashion accessories.They maintain a list of their customers and their customer's preferences.This list could qualify as a trade secret.

Which of the following is not eligible for immediate trademark protection?

A patent holder should mark their product as patented in order to achieve the fullest protections.Each of the following is an acceptable means to mark the product except:

A process or procedure is not eligible for copyright protection.

"Snapple" is an example of a/an ________ trademark.

On what grounds might the United States Patent and Trademark Office deny or reject an application for trademark Protection?

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

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.

The visitor's bureau in the county your school is located in has a website with a section titled "Education".In this section,the site has placed 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.

Martin is an intern working for Tennessee Fried Chicken,an international company with over 1000 franchised restaurants throughout the U.S.and in twenty one other countries.They heavily advertise on television and in various print media that their chicken is superior due to their blend of "forty-two 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.He sees the wall safe is open and looks inside seeing an envelope labeled "THE RECIPE".He opens it and sees that it's the list of the forty-two 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 them of the information he possesses and they arrange a meeting.

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 on-line.When the plagiarism is discovered,an infringement claim is brought.Cynthia is guilty of:

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

Name the factors looked at by the court in the "Polaroid Test" used to determine whether trademark infringement has occurred.

The Computer Software Copyright Act defined computer software programs as a:

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.

Which of the following is not an example of a trademark lost,or in danger of losing protection,due to its becoming a generic term?

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

Mike has written a novel.