Exam 12: Intellectual Property

With which of the following does an organization website address end?

A teacher cannot be held liable for copyright infringement under the Fair Use Doctrine so long as copies are used only for educational purposes.

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarship, and research?

A[n] ________ is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

An invention might be considered a trade secret.

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good housekeeping Seal of Approval"?

A tying arrangement occurs when the holder issues a license to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

When trademark infringement is alleged, what is the effect of actual confusion?

Marcy is unhappy because a play she wrote and has a copyright on has been placed on the Internet. She hears that you are taking business law and asks what she can do in remedying the situation and suing Internet service providers. What would you tell her? Reference the federal law involved and its pertinent provisions.

"Grooming Dispute." Joshua has a successful dog grooming business called "Tub & Dog." He registered the business name for trademark protection. Sandy noticed how well Joshua was doing and opened his own business called "Tub & Dog II." Joshua is unhappy about Sandy's use of the name. He is also unhappy because Sandy is copying Joshua's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Joshua sued Sandy for trademark infringement based upon the name and the use of the orange bandana. Sandy replies that one reason Joshua should not prevail is that he is involved primarily in the sale of dog grooming products while Joshua is involved in the grooming of dogs. Sandy claims that his use of the orange bandana is very rare because he does very little grooming. Sandy also defends on the basis that actual confusion among consumers does not exist. Joshua insists that he should prevail and notes that he is considering expanding into the product sales area. -Which of the following is true regarding Joshua's claim that the name Sandy chose violates his trademark protection?

Which of the following was the result at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents?

"Scuba Diving." Marcy invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Marcy also entered into an agreement with Frank to allow him to sell the masks, but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales. -Marcy's agreement with Jenny allowing Jenny to sell the mask is referred to as which of following?

What must a party show in order to succeed on a claim of trade-dress infringement?

When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for __________ years from the date of application.

Which of the following is the way people and businesses are located on the web?

Which of the following is an example of a product developing secondary meaning?

Which of the following is true regarding what may be the subject of a patent?

"Wedding photos." Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable. -Which of the following is correct regarding Jill's claim regarding copyright protection on a photograph only extending for a maximum of two years?

Ellen, who runs a successful nail salon, ran across a very interesting pamphlet on customer relations. The pamphlet was fifty pages long and cost $70.00. Ellen thought the price was outrageous. Accordingly, she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees. She copied forty of the pages out of the pamphlet for each of twenty employees. A disgruntled employee informed the publisher of the pamphlet what Ellen had done, and she was charged with copyright infringement. Ellen defended on the basis of the fair use doctrine. Discuss the four factors a court would consider in determining whether a violation occurred and whether you think Ellen would prevail.

What is the effect of Sandy's claim that actual confusion among consumers did not exist?