Exam 11: Intellectual-Property

The practice of __________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner.

An otherwise copyrightable work that is prepared by an employee within the scope of employment is called a __________ and belongs to the __________.

Trade secrets are protected for an indefinite time.

An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology,also referred to as prior art.

After a patent expires,the invention is dedicated to the public.

Failure to use or police the use of one's trademark-known as tarnishment-may result in the loss of rights.

ChemoPharm has just developed a new method of infusing medications for patients receiving chemotherapy to treat cancer.The process is still in the developmental phase,so ChemoPharm has been careful not to release any information regarding the process.The information is constantly under lock and key.Jensen,a competitor's employee,took a public tour of ChemoPharm's headquarters to evaluate going to work for ChemoPharm.While on the tour,Jensen accidentally saw the process being conducted in a small laboratory that was visible to everyone,but not part of the tour.Jensen realized that probably no one else would recognize the process,and said nothing.Jensen was able to duplicate ChemoPharm's process,and is now about to be promoted to vice president.Does ChemoPharm have a claim against Jensen and Jensen's employer? What is the likely outcome?

A __________ is used in conjunction with services.

Vale bought a new CD with favorite Christmas music on it and promptly proceeded to copy it for 15 friends,including Brio,and provided it free of charge.Unknown to Vale,Brio's brother,Chris,was a member of the band.When he found out how Brio got the disk,he angrily called Vale with accusations of copyright infringement.Is Chris correct that Vale is guilty of copyright infringement?

Chef Shea has developed a great new recipe for homemade ice cream and serves it at Chez Shea.Shea would like to keep the recipe secret and prevent anyone else from using it.What four areas should a trade secret program cover?

Which of the following is true regarding patent misuse?

The Bilski v.Kappos case involved a question of whether a business process explaining how buyers and sellers of commodities in the energy market can use hedging to protect against price fluctuations is patentable.How did the U.S.Supreme Court rule?

When an idea and its expression are inseparable,the __________ doctrine dictates that the expression is not copyrightable.

Perry is a playwright who wrote and produced an off-Broadway play about the life of Colonel Sanders,"Just a Drop in the Bucket," that closed after the third performance.Later that same year,on vacation in Los Angeles,Perry went to see a new production called "Fry It Anyway." Perry was appalled to discover that the play was substantially similar to "Just a Drop in the Bucket." "Fry It Anyway" becomes a big hit.What protections are available for Perry? What defenses are available against any claims Perry might make? What additional protections would be available had Perry registered under the federal Copyright Act? Discuss fully.

A trademark does not necessarily reveal the product's manufacturer.

An essential quality of an invention for it to be patented is that it be novel.

Intellectual property is any product or result of a mental process that is given legal protection against unauthorized use.

Which of the following is an example of an arbitrary trademark?

A descriptive mark that is initially unavailable for protection can still become protectable if it acquires __________ meaning.

The Semiconductor Chip Protection Act of 1984 created a highly specialized form of intellectual property,called a(n)