Deck 11: Intellectual property

Question 1

A copyright is a government-granted right to exclude others from making,using,or selling an invention.

Answer 1

False

Question 2

The Uniform Trade Secrets Act is a federal law.

Answer 2

False

Question 3

An invention is "novel" if it is explained in book format.

Answer 3

False

Question 4

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

Question 5

Service marks are a form of trademarks.

Question 6

A patent holder must personally make use of the invention.

Question 7

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

Question 8

Copyright protection does not extend to derivative works.

Question 9

Internet addresses are called domain names.

Question 10

Facts are copyrightable.

Question 11

Terms that were once enforceable trademarks may become generic and thereby not protected.

Question 12

Registration with the Federal Trademark Register is a requirement for obtaining any rights in a trademark.

Question 13

The packaging or dressing of a product may be protected under the trademark laws as trade dress.

Question 14

Arbitrary marks are real words whose ordinary meaning has something to do with the color or shape of the trademarked product.

Question 15

A classic example of a trade secret is the formula for Coca-Cola.

Question 16

Registration of a trademark in the Federal Principal Register provides actual notice of a claim of ownership in all 50 states.

Question 17

The three ways in which a patent may be infringed are directly,indirectly,or contributorily.

Question 18

Trade secrets are protected for an indefinite time.

Question 19

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

Question 20

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

Question 21

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 for a ransom.
A )Internet trademark abuse
B)domain misuse
C)domain / trademark harassment
D)cybersquatting

Question 22

A distinctive mark that is owned by someone may be lost by ________ abandonment.

A)actual
B)constructive
C)neither actual nor constructive
D)either actual or constructive

Question 23

A _________ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

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

Question 24

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

A)Camel
B)Kodak
C)Exxon
D)Clorox

Question 25

The federal trademark act is known as the _________ Act.

A)Trademark
B)Signal
C)Smith
D)Lanham

Question 26

A _________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

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

Question 27

The defense of _________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

A)nominative use
B)competitive use
C)genericity
D)fair use

Question 28

A defendant is not liable for trademark infringement if his or her use is a _________,where the defendant uses the mark to talk about the mark itself.

A)nominative use
B)competitive use
C)genericity
D)fair use

Question 29

Which of the following is not a type of U.S.patent?

A)Plant patent
B)Design patent
C)Service patent
D)Utility patent

Question 30

A design dictated by function may be protected by a(n)________ patent.

A)equivalents
B)design
C)utility
D)useful articles

Question 31

Which of the following is not a defense to a patent infringement claim?

A)Invalidity of the patent
B)Misuse of the patent
C)Reverse engineering
D)Noninfringement

Question 32

The duration of a copyright granted to a known individual.not a work done for hire,will be

A)the life of the author plus 100 years.
B)the life of the author plus 70 years.
C)75 years after the first publication.
D)100 years after the creation of the work.

Question 33

The _________ doctrine provides that copyright protection does not extend to the useful application of an idea.

A)useful article
B)utility
C)equivalents
D)design

Question 34

Which of the following is not part of copyright protection?

A)The underlying idea.
B)The exclusive economic use.
C)The exclusive right to copy and distribute.
D)The exclusive right to display.

Question 35

Which of the following is true regarding rejection of applications by the Patent and Trademark Office?

A)The Patent and Trademark initially rejects 50 percent of all patent applications.
B)The Patent and Trademark initially rejects 99 percent of all patent applications.
C)The Patent and Trademark initially rejects 30 percent of all patent applications.
D)The Patent and Trademark initially rejects less than 25 percent of all patent applications.

Question 36

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

A)Allocative
B)Economic
C)Strategic
D)Productive

Question 37

What did the court rule in the case in which Holiday Inn claimed that by using a similar number a travel agency infringed Holiday Inns' trademark in its vanity toll-free telephone number?

A)That there was no potential for confusion and that,therefore,there was no trademark violation.
B)That there was a trademark violation and that damages were available.
C)That although there was a potential for confusion,there was no trademark violation.
D)That there was a trademark violation but that only injunctive relief was available.

Question 38

An example of a fanciful trademark is

A)Kodak
B)Shell
C)Tide
D)Camel

Question 39

After a period of ___ years from the application date for utility patents and ___ years for design patents in the United States,the patent expires and the invention is dedicated to the public.

A)20,14
B)14,20
C)20,20
D)50,75

Question 40

Under the ________ use doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

A)fair
B)education
C)new
D)critical

Question 41

Fact pattern 11-2
Professor Peter enjoys using a small manual containing information on employment laws in his business law class.The manual costs $100 and is published by We Publish book publishers.Because Professor Peter wants to save his students some money,he copies the manual and has ABC Copy Store make copies for students.Students are required to purchase the copies directly from the copy store.Professor Prudence,who dislikes Peter because she believes he blocked her tenure application,hears about the deal and notifies the publishing company.The publishing company denies that the process be stopped and prepares to seek damages.
Refer to fact pattern 11-2.Can Copy Store be found guilty of copyright infringement?

A)No,because the use was for education and would be considered a fair use.
B)No,because Professor Peter ordered the copying,and the store was simply following directions.
C)Yes,similar to the case in the book copy stores can be found liable for copyright infringement.
D)Yes,but only if the store failed to have Professor Peter agree to indemnify it for any alleged copyright infringement.

Question 42

Which of the following is not a part of a patent application?

A)The specifications.
B)The claims.
C)The drawings.
D)The declaration of prior art.

Question 43

Which of the following types of patent infringement can be committed innocently and unintentionally?

A)Direct
B)Indirect
C)Contributory
D)Any of the above.

Question 44

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

A)It is unlikely that Priscilla is guilty of copyright infringement because of the fair use doctrine.
B)It is unlikely that Priscilla is guilty of copyright infringement because of the merge doctrine.
C)It is unlikely that Priscilla is guilty of copyright infringement because she did not charge her friends for the copies and did not mass produce the CD.
D)It is likely that Priscilla would be found guilty of copyright infringement.

Question 45

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

A)merger
B)genericism
C)prior art
D)protected expression

Question 46

Fact pattern 11-1
Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding.Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb.Samantha investigates and determines that the earlier patent was valid.Her friend Harry,a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent and that she should proceed to at least sell the rest of her inventory.
Refer to fact pattern 11-1.Assuming the validity of the earlier patent,which of the following is true regarding Samantha's rights to legally continue selling the combs?

A)She should stop selling the combs immediately.
B)She may continue selling the combs until she sells the rest of her inventory,but she must then stop.
C)Since she was not aware of the earlier patent when she started marketing her combs,she can continue to sell the combs indefinitely without providing any royalties to the holder of the initial patent.
D)Since she was not aware of the earlier patent when she started marketing her combs,she can continue to sell the combs indefinitely but she must pay reasonable royalties to the holder of the initial patent.

Question 47

The defense of ________ of the patent asserts that the allegedly infringing matter does not fall within the claims of the issued patent.

A)invalidity
B)misuse
C)abandonment
D)noninfringement

Question 48

Fact pattern 11-2
Professor Peter enjoys using a small manual containing information on employment laws in his business law class.The manual costs $100 and is published by We Publish book publishers.Because Professor Peter wants to save his students some money,he copies the manual and has ABC Copy Store make copies for students.Students are required to purchase the copies directly from the copy store.Professor Prudence,who dislikes Peter because she believes he blocked her tenure application,hears about the deal and notifies the publishing company.The publishing company denies that the process be stopped and prepares to seek damages.
Refer to fact pattern 11-2.Can Professor Peter be found guilty of copyright infringement?

A)No,he was engaged in fair use because of his involvement in education.
B)No,because he did not do the actual copying.
C)No,because he did not make a profit.
D)It is likely that he would be found guilty of copyright infringement particularly since he copied the entire manual,not limited sections.

Question 49

Fact pattern 11-1
Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding.Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb.Samantha investigates and determines that the earlier patent was valid.Her friend Harry,a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent and that she should proceed to at least sell the rest of her inventory.
Refer to fact pattern 11-1.Assuming the validity of the earlier patent,which of the following is true regarding Harry's statement that she could not be guilty of patent infringement because she was unaware of the earlier patent when she began marketing her combs?

A)Harry was correct.
B)Harry was incorrect,and Samantha can be held liable for direct patent infringement.
C)Harry was incorrect,and Samantha can be held liable for indirect patent infringement.
D)Harry was incorrect,and Samantha can be held liable for contributory patent infringement.

Question 50

Mandy purchased a business law book and used it during her business law class.She later loaned the book to Steven,and then to Christen.Another student accused her of copyright violation and threatened to report her to the book publisher and also to her school's ethics board.Did Mandy violate the copyright laws?

A)Yes.
B)No,because her loans would be covered by the fair use doctrine.
C)No,because her loans would be covered under the first sale doctrine.
D)No,because her loans would be covered under the equivalency doctrine

Question 51

Marks that are initially unprotectable can still become protectable if they acquire ________ meaning.

A)descriptive
B)geographic
C)personal
D)secondary

Question 52

A ________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

A)certification mark
B)trademark
C)service mark
D)trade name

Question 53

McBurger has just developed a new method of preparing its products that greatly reduces the fat content and other medical problems associated with fast food.Although still in the developmental phase,McBurger has been very careful not to release any information regarding the process.The information is constantly under lock and key.Jerry,a competitor's employee,took a public tour of McBurger University to evaluate going to work for McBurger.While on the tour,he accidentally saw the process being conducted in a small laboratory that was visible to everyone,but not part of the tour.Jerry realized that probably no one else would recognize the process,and said nothing.Jerry was able to duplicate McBurger's process,and is now about to be promoted to vice-president of his company.Does McBurger have a claim against Jerry and his employer? What is the likely outcome? Discuss fully.

Question 54

Which of the following is not true regarding current U.S.copyright law?

A)The material must be sufficiently original.
B)Protection is automatic.
C)Use of a copyright notice is required.
D)Registration is not required.

Question 55

Explain in detail the process for obtaining a patent.

Question 56

Perry is a playwright.He 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,he went to see a new production called "Fry It Anyway." Perry was appalled to discover that the play was substantially similar to his own."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.

Question 57

Under the ________ doctrine,once the copyright owner sells the work,the owner has exhausted his exclusive right to control distribution of the work.

A)first sale
B)file-wrapper estoppel
C)abandonment
D)genericism

Question 58

Patent law defines ________ infringement as the active inducement of another party to infringe a patent.

A)direct
B)indirect
C)contributory
D)inevitable

Question 59

Distinguish between copyrights and patents.What purpose does each serve,and what does each protect?

Question 60

Which of the following may be protected by trademark law?

A)Distinctive shapes.
B)Distinctive odors.
C)Distinctive sounds.
D)All of the responses are correct.

Question 61

The Human Genome project has mapped the basic gene sequences of the human body,but the inventors have not yet ascertained each of the gene's functions.Is this basic formula of human design a proper subject for the granting of a federal patent? What are the ethical effects of giving one company the ability to control medical research based upon such a patent? Discuss fully.

Question 62

Chef Susan has developed a great new recipe for home made ice cream that she serves at her restaurant.She would like to keep the recipe secret and prevent anyone else from using it.What four areas should a trade secret program cover?