Exam 41: Intellectual Property

​Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.

The Supreme Court has held that parody of copyrighted material is a violation of copyright law.

A color cannot be trademarked since it cannot be kept from use by other businesses.

The vast majority of patents that are issued are

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

If Cub Cadet wins a trademark infringement suit by proving the defendant's trademark Kub Kadet is likely to deceive customers about who made the goods, Cub Cadet is entitled to

Ernest invents a novel, useful, nonobvious product. He

A plant patent lasts for

Victoria registered a trademark under the Lanham Act. Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it because he had used it in his home state, even though he hadn't registered it. Will Don prevail?

Of the following, which is an advantage of trademark registration?

NikeShoes.com produces a running shoe that it sells in the United States. The shoe has a check mark on the side, uses inferior materials, and is made using child labor. Nike, Inc. sues NikeShoes for trademark infringement under the Federal Trademark Dilution Act of 1995. What is likely to be the grounds for this suit?

Only civil penalties can be incurred under the Uniform Trade Secrets Act.​

A college professor copies seven chapters from a book called "How to Get Better Grades-A Creative Approach to College Success!" There are ten chapters in the book. She incorporates this material into a packet that is printed in her college's copy center. The packet is then placed on the required materials list for students to purchase and is sold in the local book store. The author of the book believes the professor has violated his copyright.

Richard wrote a song called "College Days." He copyrighted the composition and had it professionally printed. A couple years later, he was attending a business meeting about 1,500 miles from his home. While sitting in a nightclub, he heard a small local band perform a song called "College Memories." The music and words were extremely similar to his song. The composer of "College Memories" claims he never heard of Richard's song and that she is offended he would accuse her of stealing his work. If Richard wishes to sue for copyright infringement, he must prove

Derrick buys a CD but, after listening to it, decides he doesn't like the music. May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music, may he legally copy the CD for her?

​The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

The name "Johnson Garage Doors" cannot be a trademark because a surname is already being used and other people have the right to continue to use the name.

Southern Bar-B-Q owns a special, secret recipe for sauce which it guards because it gives the restaurant a competitive advantage. If Mort willfully misappropriates the recipe, a court may hold him liable to Southern for double damages.

Briefly define patent, copyright, and trademark, and explain how long they last.

Unlike with patents, the ideas underlying copyrighted material need not be novel.