Exam 24: Intellectual Property

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?

"Coppertone" is an example of a ________ trademark.

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

Which of the following would generally not be patentable?

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

A patent equates to a governmentally sanctioned monopoly right.

Genericide occurs when a trademark has lost its distinctiveness and becomes a general term describing a type of product rather than a specific company's product.

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

Trade secret protections are provided through:

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

The unlawful use of another's intellectual property is called ______.

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

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

Your school is embarking upon a new advertising campaign and has started using the tag line "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?

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.

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

The No Electronic Theft Act primarily addressed protection regarding:

Mary Beth has written a novel.Copyright protection regarding her work will be for:

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