Exam 24: Intellectual Property

Cybersquatting describes the practice of:

Lloyd and Harry both are claiming patent rights protection for inventions that they independently created.The rights to protection will be:

One significant benefit of obtaining a patent is that the cost to defend a patent is relatively minimal when compared to typical law suits.

The three stripes on Adidas clothing represents a:

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 they believe him and they will buy it.Allen in fact stole the recipe.Since PepsiCo does not know specifically that the recipe was acquired improperly by Allen,they cannot be guilty of misappropriation.

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

Trademarks must be distinctive and cannot be classified as arbitrary or fanciful with no inherent relationship to the company's product or service.

Companies will sometimes make a strategic decision not to patent a particular invention or process.Why might a company sometimes choose not to seek a patent?

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.

"Frosted Mini Wheats" is a descriptive mark that has acquired a secondary meaning and is afforded protection.

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.

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,they have gone to great lengths to design and schedule delivery routes that primarily make right turns.This business method is patentable.

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 featured item will not be considered a patent infringement.

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

A trademark can be any of the following except a:

Why does the 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?

Which of the following is a service mark?

The only way to obtain protection for a trademark is by registering the trademark with the U.S.Patent and Trademark Office.

When an invention is shown to be new and unique,the invention has met the ________ standard.

Why are trademarks worthy of protections as valuable business assets?