Deck 25: Intellectual Property

Question 1

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

Answer 1

novelty

Question 2

The rule of omission applies when someone creates something exactly like an item already patented but deletes a feature included in the original product. The new product will not be considered a patent infringement if the deleted feature was a significant element of the original.

Answer 2

True
Explanation: The rule of omission will allow the new item to continue, as the item is deemed not to infringe on the originally patented item.

Question 3

An essentially minimal improvement to an existing invention that is not worthy of patent protection is called a ________ improvement and is considered relatively obvious.

Answer 3

de minimus

Question 4

If an item has been patented but has not been marked as patented and infringement occurs, the patent holder is generally barred from collecting damages.

Question 5

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 ______.

Question 6

"Coppertone" is an example of a ________ trademark.

Question 7

A patent pertaining to an invention is called a ________ patent.

Question 8

When a trademark has become representative of a broad type of products as opposed to being descriptive of a particular brand, the trademark has become ________ and the holder has lost the right to enforce the mark against competitors.

Question 9

All trade secrets are protectable by either patent or copyright laws.

Question 10

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

Question 11

The visitor's bureau in your school's county has a website with a section titled "Education." This section of the site has hyperlinks to each elementary through high school as well as links to colleges and universities with campuses in the county. If the link to your school's home page was placed on the bureau's site without your school's consent, the travel bureau is guilty of infringement.

Question 12

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

Question 13

"Computer City" is an example of a ________ trademark.

Question 14

"Snapple" is an example of a(an) ________ trademark.

Question 15

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

Question 16

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

Question 17

When a copyright owner can prove that she or he has legal ownership of the work and that the infringer copied the work without permission, this is called ______ infringement.

Question 18

Satires and parodies have generally been deemed not to be copyright infringement due to the fair use doctrine.

Question 19

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.

Question 20

Illegal acquisition of a company's trade secret constitutes ______.

Question 21

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

Question 22

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.

Question 23

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

Question 24

Genericization 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.

Question 25

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

Question 26

Misappropriation is a civil offense punishable by compensatory and punitive damages but is not a criminal offense in any state.

Question 27

A patent equates to a governmentally sanctioned monopoly right.

Question 28

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

Question 29

One significant benefit of obtaining a patent is that the cost of defending a patent is relatively minimal compared to the cost of typical lawsuits.

Question 30

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.

Question 31

Zippo's is an online retailer of men's and women's clothing and fashion accessories. Zippo's maintains a list of its customers and its customers' preferences. This list could qualify as a trade secret.

Question 32

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

Question 33

If a student goes to the library and plagiarizes text from a book or other publication, he or she is guilty of indirect infringement.

Question 34

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-feature item will not be considered a patent infringement.

Question 35

Igor is a brilliant chemist and one day decides to try to find out why Whipple Iced Tea tastes so good. Whipple advertises that it blends secret spices into its drink, and those secret spices are a closely guarded secret. The recipe is kept in a safe that is kept in a vault at the home office and is guarded by two former Special Forces soldiers at all times. Igor, after weeks of analysis, has discovered the recipe. Igor is guilty of misappropriation of the Whipple trade secret.

Question 36

Once a patent has been issued by the U.S. Patent and Trademark Office, the patent cannot be challenged or revoked due to the comprehensive investigation performed by the USPTO prior to issuance.

Question 37

Your school or college has just received a specialized accreditation for which a lot of work has been done. This specialized accreditation is a great achievement. If the accrediting body takes a picture from your school or college's website and publishes the picture as a thumbnail, along with a hyperlink to your school or college's website, on its site to advertise or announce the accomplishment, the accrediting body is infringing on the picture's copyright.

Question 38

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

Question 39

A process or procedure is not eligible for copyright protection.

Question 40

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

Question 41

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

A) a trademark.
B) trade dress.
C) a copyright.
D) a patent.

Question 42

Trade secrets are protectable:

A) for 9 years.
B) for 17 years.
C) for 23 years.
D) for as long as the company desires.

Question 43

Each of the following is considered trade dress except:

A) the white linen tablecloths at the Four Seasons Restaurant in New York City.
B) the font and size of print used in a national store's print advertising.
C) the brown uniforms and trucks at UPS.
D) the costume worn by your school's mascot at sporting and other events.

Question 44

A patent holder should mark its product as patented in order to achieve the fullest protections. Each of the following is an acceptable means of marking the product except:

A) writing the word patent on the item or its packaging.
B) placing the patent number on the item or its packaging.
C) writing pat. on the item or its packaging.
D) placing a P in a circle on the item or its packaging.

Question 45

A trademark can be any of the following except a:

A) word.
B) symbol.
C) formula.
D) phrase.

Question 46

A utility or business method patent will last for:

A) 14 years from the date of the filing of the application with the U.S. Patent and Trademark Office.
B) 14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.
C) 20 years from the date of the filing of the application with the U.S. Patent and Trademark Office.
D) 20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.

Question 47

Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010 Mike completes the companion book, and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publisher's copyright run out and expire?

A) 2080
B) 2083
C) 2105
D) 2108

Question 48

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

A) 70 years beginning from the date she began writing the novel.
B) 70 years beginning from the date that she completed the novel.
C) 70 years beginning from the date the novel is published.
D) 70 years after her death.

Question 49

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

A) The Supreme Court agreed that since Grokster could not have known whether infringement was occurring or not, Grokster could not be held liable either directly, indirectly, or vicariously.
B) The device provided by Grokster to its customers was capable of substantial noninfringing uses, so the fair use exception articulated in the Sony case was met.
C) Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights.
D) Grokster was allowed to use the fair use exception because all of the music its device was designed to copy was already in the public domain and therefore not protected.

Question 50

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

A) had not acquired a secondary meaning to qualify as a suggestive trademark.
B) was not distinctive enough to qualify as a fanciful trademark.
C) was not distinctive enough to qualify as an arbitrary trademark.
D) had not acquired a secondary meaning to qualify as a descriptive trademark.

Question 51

Which of the following is an example of a suggestive trademark?

A) Fruit of the Loom
B) Victoria's Secret
C) eBay
D) IHOP

Question 52

Cybersquatting describes the practice of:

A) registering multiple domain names and then selling them back to companies at inflated prices.
B) hacking into a company's website to install a virus or Trojan horse designed to steal information but allow the site to continue operation.
C) using mechanical devices to access a company's website multiple times to the point that traffic to the site is slowed or blocked.
D) hacking into a company's website to install a virus designed to cause the company's website to totally cease operation.

Question 53

Which of the following is not an example of a trademark lost, or in danger of losing protection, due to its becoming a generic term?

A) Kleenex
B) Band-Aid
C) Ford
D) Aspirin

Question 54

The No Electronic Theft Act primarily addressed protection regarding:

A) copyrights.
B) patents.
C) trademarks.
D) trade secrets.

Question 55

The three stripes on Adidas clothing represent:

A) a trademark.
B) trade dress.
C) a trade secret.
D) a patent.

Question 56

Which of the following would generally not be patentable?

A) a mathematical formula that allows one to calculate the gross national product
B) a new business method that streamlines and improves production
C) a business process that changes water into wine
D) an engine that runs on water

Question 57

McDonald has invented a machine that harvests corn in the field, automatically shucks the corn from the husk, and peels the kernels from the cob, separating everything for easy disposal or further use. Assuming that all requirements are met for a patent, the length of his patent protection will be:

A) 14 years from the completion of the invention.
B) 14 years from the filing of the application with the U.S. Patent and Trade Office.
C) 20 years from the completion of the invention.
D) 20 years from the filing of the application with the U.S. Patent and Trade Office.

Question 58

A study published in the Harvard Business Review in January 2000 found that intellectual property represents approximately ________ of an average firm's value.

A) 40 percent
B) 50 percent
C) 60 percent
D) 70 percent

Question 59

Which of the following is not eligible for immediate trademark protection?

A) fanciful trademarks
B) descriptive trademarks
C) arbitrary trademarks
D) suggestive trademarks

Question 60

Both Lloyd and Harry are claiming patent rights protection for the same invention that each independently created. The rights to protection will be awarded to:

A) the first to file for the patent.
B) the first to have his application approved.
C) the one who actually completed the invention first.
D) the first to bring the invention to the public realm.

Question 61

How is it possible for two different parties to have simultaneous rights to use the same trademark?

Question 62

Trade secret protections are provided through:

A) state statutes and common law.
B) federal statutes.
C) the U.S. Constitution.
D) the Uniform Trade Secrets Act.

Question 63

The Digital Millennium Copyright Act provided each of the following protections except:

A) manufacturers of CD-writers were required to pay 2 percent of their sales into a fund to be distributed to copyright holders because the CD-writers could easily copy music and other copyrighted works.
B) civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software.
C) restrictions were placed on analog recorders and camcorders that lack antipiracy features.
D) ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement.

Question 64

A professor at your school has discovered that if certain music is played in the background during lectures, the room is lit to a particular level, the temperature is maintained at a particular level, and the professor speaks within a particular tonal range, students understand and retain the information presented at an astonishing 84 percent higher rate than students hearing the same lecture without these conditions. The professor has even created a machine that converts the professor's voice to the tonal range required. The school has been advertising that this process will be implemented in all classrooms, and freshman applications have more than tripled. Is this process protectable as a trade secret, and if so, how effective will the protection be?

Question 65

On what grounds might the U.S. Patent and Trademark Office deny or reject an application for trademark protection?

Question 66

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

Question 67

Martin is an intern working for Tennessee Fried Chicken, an international company with over 1,000 franchised restaurants throughout the United States and in 21 other countries. TFC heavily advertises on television and in various print media that its chicken is superior due to its blend of "42 secret herbs and spices." Many have tried to duplicate the recipe unsuccessfully, and burglars have even been caught trying to steal it. One day Martin is called into the president's office for an assignment, and during the talk the president leaves the room, leaving Martin alone. Martin notices that the wall safe is open and looks inside, where he sees an envelope labeled "THE RECIPE." He opens it and finds that it's the list of the 42 secret herbs and spices, along with quantities and order of use. He quickly makes a copy of the recipe and returns the envelope to the safe. That afternoon he calls Bluto's Fried Chicken, a TFC competitor, and informs Bluto's of the information he possesses, and they arrange a meeting.

A) If Martin sells the recipe to Bluto's, Martin is guilty of misappropriation but Bluto's is not guilty of misappropriation.
B) If Martin sells the recipe to Bluto's, Martin is not guilty of misappropriation but Bluto's is guilty of misappropriation.
C) If Martin sells the recipe to Bluto's, both Martin and Bluto's are guilty of misappropriation.
D) Neither Martin nor Bluto's is guilty of misappropriation because leaving the safe open shows that the secret was not guarded and guarding is necessary to qualify for trade secret protections.

Question 68

Which of the following is a service mark?

A) the Adidas three stripes on a pair of sneakers
B) the GEICO gecko in advertisements
C) McDonald's golden arches
D) the Geek Squad at Best Buy

Question 69

Your school is embarking on a new advertising campaign and has started using the tagline "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?

Question 70

Mike has written a novel.

A) The novel is copyrighted automatically after completion.
B) The novel does not receive copyright protection unless it is registered with the U.S. Copyright Office.
C) Mike may sue in court to enforce his rights whether the novel is registered or not.
D) The novel must be published before it can be eligible for copyright protections.

Question 71

A design patent will last for:

A) 14 years from the date of the filing of the application with the U.S. Patent and Trademark Office.
B) 14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.
C) 20 years from the date of the filing of the application with the U.S. Patent and Trademark Office.
D) 20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.

Question 72

The Computer Software Copyright Act defined computer software programs as:

A) literary processes.
B) literary systems.
C) literary operations.
D) literary works.

Question 73

Why are trademarks worthy of protections as valuable business assets?

Question 74

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

Question 75

Professor Patty is very distraught that three students in her class cannot afford to buy the 42-chapter book for the course. The book is used for two semesters, although not all students take the second semester. She finally tells the three students that she will make copies of the first 21 chapters for them, at no charge. Professor Patty makes the copies and gives each chapter to the students prior to her coverage of the relevant chapter in class. If Professor Patty is sued for copyright infringement:

A) she wins because the fair use doctrine permits use of the work for educational purposes.
B) she wins because she is not copying the entire book but only 21 chapters of it and is not making a profit.
C) she loses because by making and distributing the chapters, she is diminishing the value of the book on the national market.
D) she loses because she is copying whole sections and a significant portion of the book.

Question 76

Name the factors looked at by the courts in applying the Polaroid test to determine whether trademark infringement has occurred.

Question 77

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

Question 78

Why does 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?

Question 79

Cynthia hates writing term papers and reports, so when she receives an assignment to write a paper for her law class, she calls her friend Stephanie and agrees to pay Stephanie to write the paper for her. Stephanie, instead of writing the paper, copies a paper from a small, remote law journal that publishes faculty-written papers from throughout the world online. When the plagiarism is discovered, an infringement claim is brought. Cynthia is guilty of:

A) nothing because Stephanie, not Cynthia, infringed on the author's/publisher's copyright.
B) vicarious infringement.
C) indirect, or contributory, infringement.
D) nothing because once a work is published online, the fair use doctrine permits unlimited use of the work without attribution.

Question 80

Which of the following does not have to be shown for copyright protection to be granted?

A) The work is original.
B) The work has a present or potential value.
C) The work exhibits some degree of creativity.
D) The work is fixed in a durable medium.