Deck 11: Intellectual Property.

Question 1

Constructive abandonment of a trademark can occur through the trademark lapsing into genericism.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

Copyright protection does not extend to derivative works.

Answer 3

False

Question 4

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

Question 5

Trade secrets are protected for an indefinite time.

Question 6

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

A) registered service mask.
B) registered mask work.
C) registered certification mask.
D) registered trade mask.

Question 7

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

Question 8

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

Question 9

Service marks are a form of trademarks.

Question 10

Susan may get a patent on the new type of rose she developed through asexual reproduction.

Question 11

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

Question 12

A patent holder must personally make use of the invention.

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

The patent practice of other countries is often different from that of the U.S.

Question 18

As a matter of law,a combination of two inventions cannot be considered nonobvious.

Question 19

In the famous case of Sony Corp.of America v.Universal City Studios,Inc.(1984),the U.S.Supreme Court ruled that the sale of copying equipment does not constitute contributory infringement,provided that it has substantial non infringing uses.

Question 20

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

Question 21

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 22

TheBilski v.Kapposcase referenced in the text,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?

A) The court ruled that the claimed invention was a patent-eligible process.
B) The court ruled that the claimed invention was not a patent-eligible process because it was an abstract idea.
C) The court ruled that the claimed invention was not a patent-eligible process because under federal patent law, no business methods may be the subject of patents.
D) The court ruled that more information was needed regarding expected profits before a determination could be made as to patentability.

Question 23

The federal trademark act is known as the __________ Act.

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

Question 24

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 25

Which of the following are defenses to patent-infringement claims?

A) Noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement
B) Noninfringement, invalidity of the patent, fair use, and innocent infringement
C) Noninfringement, fair use, misuse of the patent, and innocent infringement
D) Fair use, misuse of the patent, innocent infringement, and illegality of the patent

Question 26

The term,"Holiday Inn" has a(n)__________,because the public associates the term with a particular provider of hotel services.

A) suggestive mark
B) service mark
C) secondary meaning
D) certification mark

Question 27

A(n)__________ 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 28

The term __________ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers,rather than to manufacture a patented product or supply a patented service.

A) patent troll
B) illegal user
C) patent hoarder
D) patent stasher

Question 29

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 30

What are the four basic types of intellectual property?

A) Patents, copyrights, trademarks, and trade secrets
B) Patents, copyrights, certifications, and trademarks
C) Copyrights, certifications, trademarks, and original works
D) Inventions, certifications, original works, and patents

Question 31

The Uniform Trade Secrets Act is a federal law.

Question 32

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 33

A(n)__________ 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 34

Which of the following is true regarding remedies for patent infringement?

A) The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs and attorneys' fees.
B) The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs, but attorneys' fees are unavailable.
C) The patent holder may seek permanent injunctive relief and damages, as well as court costs and attorneys' fees, but preliminary injunctive relief is unavailable.
D) The patent holder may seek damages, as well as court costs and attorneys' fees, but injunctive relief is unavailable.

Question 35

An example of a fanciful trademark is:

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

Question 36

Under the __________ 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 use
B) education use
C) new use
D) critical use

Question 37

In CASE 11.1 Association for Molecular Pathology v.Myriad Genetics,Inc.(2013),the U.S.Supreme Court held that under U.S.Patent Laws isolated DNA is:

A) not eligible for patent protection because it is naturally occurring.
B) eligible for patent protection because it is man-made.
C) eligible for patent protection because it is naturally occurring.
D) not eligible for patent protection because it is man-made.

Question 38

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

Question 39

Which of the following is true regarding patent misuse?

A) When a patent misuse occurs, the offender permanently loses the right to patent protection on the patent at issue.
B) Requiring a licensee to purchase nonpatentable products as a condition to obtaining a license for patented products is patent misuse.
C) The patent holder is barred from recovering for any infringement of its patent during the period of misuse.
D) There is no such concept as patent misuse in the U.S.

Question 40

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 41

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 Samantha 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 42

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 demands 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 arranged for copying of the entire manual, not limited sections.

Question 43

Some courts have recognized a form of employee trade secret misappropriate under the __________ Doctrine,which recognizes that former employees who go to work for a competitor in a similar capacity will eventually disclose trade secrets gained in their former employment.

A) Registered Trademark Secret
B) Uniform Trade Secret
C) Inevitable Disclosure
D) Constructive Abandonment

Question 44

The CASE 11.3 Kirtsaeng v.John Wiley & Sons,Inc.(2013)involves the __________ which holds that once a copyright owner sells a copyrighted product,the owner cannot prevent its resale or transfer to others.

A) Contributory Copyright Doctrine
B) Copyright Misuse Doctrine
C) Fair Use Doctrine
D) First Sale Doctrine

Question 45

An otherwise copyrightable work that is prepared by an employee within the scope of employment,iscalled a(n)__________ and belongs to the __________.

A) a work for hire, employee
B) derivative work, employee
C) a work for hire, employer
D) a derivative work, employer

Question 46

Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

A) Only the amount of the work used.
B) (1) The amount of the work used, and (2) the economic effect of the use on the copyright owner.
C) (1) The economic effect of the use on the copyright owner, (2) the nature of the work used, and (3) the amount of the work used.
D) (1) The purpose and character of the use, (2) the economic effect of the use on the copyright owner, (3) the nature of the work used, and (4) the amount of the work used.

Question 47

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

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

Question 48

A defendant is not liable for trademark infringement if its use is __________ use,meaning that it uses the mark to talk about the mark itself.

A) comparative
B) transformative
C) unclear
D) nominative

Question 49

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 50

In CASE 11.2 American Broadcasting Companies,Inc.v.Aereo,Inc.(2014),the U.S.Supreme Court ruled for American Broadcasting Companies,finding that Aereo had:

A) engaged in direct copyright infringement when it publicly performed ABC's live broadcasts.
B) engaged in contributory copyright infringementwhen it publicly performed ABC's live broadcasts.
C) engaged in vicarious copyright infringementwhen it publicly performed ABC's live broadcasts.
D) violated the first sale doctrine by publicly performing ABC's live broadcasts.

Question 51

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 52

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

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

Question 53

Which of the following is true regarding how damages may be awarded in a patent infringement case?

A) Damages may be awarded based on (1) the patent holder's lost profits, (2) the infringer's profits, or (3) a reasonable royalty for the infringer's use of the invention.
B) Damages may only be awarded based on the patent holder's lost profits.
C) Damages may only be awarded based on the infringer's profits.
D) Damages may only be awarded based on a reasonable royalty for the infringer's use of the invention.

Question 54

When may a defendant be held liable for vicarious copyright liability?

A) So long as it can be shown that the defendant has the right and ability to control the infringer's acts.
B) So long as it can be shown that the defendant receives a direct financial benefit from the infringement.
C) When he defendant has the right and ability to control the infringer's acts and receives a direct financial benefit from the infringement.
D) Never because vicarious copyright liability is not recognized.

Question 55

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 56

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

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

Question 57

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 58

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 59

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 60

A __________ is used in conjunction with services.

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

Question 61

Set forth the requirements an invention must meet in order to be eligible for a utility patent as well as the requirements for patentable subject matter.

Question 62

Discuss in detail common law rights,if any,in a trademark in the U.S.

Question 63

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 64

Chef Susan has developed a great new recipe for homemade 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?

Question 65

Jill invented a new type of device to control dog barking without harming the dog.A month later,Sam independently invented an almost identical type of device.Sam filed for a patent immediately.When Jill became aware of his filing,she also filed for patent protection.Assuming that there is no statutory bar,between Jill and Sam,who should be awarded the patent prior to September 16,2003 and why? What about after September 16,2013? What law affects the result after September 16,2013? What would the result be in most other countries?

Question 66

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 67

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 68

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 merger 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 69

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 demands 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, copy stores can be found liable for copyright infringement for copying without obtaining permission.
D) Yes, but only if the store failed to have Professor Peter agree to indemnify it for any alleged copyright infringement.