Deck 10: Intellectual Property: Ownership, Creativity, and Innovation

Question 1

Trade secrets are registered just like trademarks.

Answer 1

False

Question 2

Frank Dennison is a well-known professional basketball player. One day while watching television he sees an advertisement for a car dealership that features a cartoon character who resembles Frank and is wearing a basketball uniform that is the same color as his team's uniform. Additionally,another character in the ad refers to the character as "Frankie D." If you were an attorney representing Frank Dennison in a lawsuit against the company that made this advertisement,how would you argue that the advertisements violates your client's right to publicity.​

Answer 2

A person's right to publicity is violated when another uses a person's name or likeness to their advantage without that person's consent.  Additionally,as White v.Samsung and Deutsch Associates demonstrates,the person's exact name and likeness need not be used in order for this to occur.  Here,the cartoon character looks like Frank Dennison,wears a uniform that is similar to Frank's,and is called "Frankie D."  So,even though it is not his exact name or likeness,the company that made this advertisement violated Frank Dennison's right to publicity through this advertisement.

Question 3

Once the copyright on a work has expired:

A)The owner can renew it for a new term
B)The work is in the public domain
C)The work becomes the property of the government
D)The work is considered no longer creative

Answer 3

B

Question 4

Discuss the Fair Use Doctrine. What are the four statutory factors used to determine if a use is fair?

Question 5

Debora Halbert asserts in her essay,"Feminist Interpretations of Intellectual Property," that:

A)women have benefited greatly from intellectual property laws.
B)intellectual property has historically benefited men more than women.
C)in the nineteenth century, writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well.
D)when women knitted or quilted, they were reluctant to share their patterns with other women.

Question 6

Discuss how intellectual property is different from other kinds of property.

Question 7

Under what circumstances can an employer prevent a former employee from working for another company for a period of time to ensure that the former employee does not disclose trade secrets?

A)When the disclosure of trade secrets by the former employee is threatened or inevitable under the circumstances.
B)Only when the disclosure of trade secrets by the former employee is specifically threatened.
C)Whenever the former employee's new employer is a competitor of the employer.
D)Employers can never stop employees from working for other companies

Question 8

Why was the Digital Millennium Copyright Act passed?

Question 9

In a lawsuit for copyright infringement,a defendant can avoid liability by successfully arguing _________,based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

A)collective rights
B)misappropriation
C)unlimited use
D)fair use

Question 10

7Nike's swoosh, McDonald's arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them?
I) The Lanham Act
II) Federal Trademark Dilution Revision Act of 2006
III) Sonny Bono Act of 1998

A)I only
B)II only
C)I and II
D)II and III

Question 11

Explain the U.S.patent system and give examples of items that can and cannot be patented.​​

Question 12

Discuss whether a company may obtain a competitor's trade secrets.

Question 13

In order to obtain a patent under U.S.Patent Law,an inventor must have an invention that is
I)Not obvious
II)Unique
III)Useful
IV)Not a modification of any prior patents

A)I only
B)I and II
C)I, II and III
D)I, II, III and IV

Question 14

The difference between the Project Gutenberg (PG)and the Google book scanning project is:

A)The PG limits itself to the "classics"
B)The PG limits itself to only works in the public domain
C)Google only digitizes full documents but the PG digitizes key segments
D)The PG limits itself to "orphan" works - those with hard-to-find authors or owners.

Question 15

American copyright law creates a bundle of rights for the owner,including the right to reproduce,distribute,perform,display,or adapt the work.

Question 16

What must a plaintiff prove to establish copyright infringement?

Question 17

If an author owns a copyright to a non-fiction essay,then publishes that essay in an anthology of similar essays published by a major publishing company,the rights involved in this relationship would be referred to as ______.

A)collective work
B)public domain
C)collective bargaining
D)joint domain