Deck 24: Intellectual Property

Question 1

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

Answer 1

True
Explanation: Failure to properly mark an item will prohibit the patentee from collecting damages for infringement unless the infringer knew of the patent.

Question 2

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 ______.

Answer 2

Equivalence

Question 3

"Coppertone" is an example of a ________ trademark.

Answer 3

Suggestive

Question 4

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

Question 5

The visitor's bureau in the county your school is located in has a website with a section titled "Education".In this section,the site has placed 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 6

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

Question 7

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

Question 8

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 9

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

Question 10

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

Question 11

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.

Question 12

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

Question 13

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 14

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

Question 15

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

Question 16

"Snapple" is an example of a/an ________ trademark.

Question 17

The unlawful use of another's intellectual property is called ______.

Question 18

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

Question 19

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

Question 20

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

Question 21

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 22

Zippo's is an on-line retailer of men's and women's clothing and fashion accessories.They maintain a list of their customers and their customer's preferences.This list could qualify as a trade secret.

Question 23

A process or procedure is not eligible for copyright protection.

Question 24

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

Question 25

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

Question 26

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 featured item will not be considered a patent infringement.

Question 27

Genericide 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 28

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 29

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

Question 30

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

Question 31

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

Question 32

One significant benefit of obtaining a patent is that the cost to defend a patent is relatively minimal when compared to typical law suits.

Question 33

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

Question 34

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

Question 35

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 36

Igor is a brilliant chemist and one day decides to try and find out why Whipple Iced Tea tastes so good.Whipple advertises that they blend secret spices into their drink and those secret spices are a closely guarded secret.The recipe is kept in a safe which 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 37

A patent equates to a governmentally sanctioned monopoly right.

Question 38

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 their site advertising or announcing the accomplishment,they are infringing on the picture's copyright.

Question 39

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

Question 40

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

Question 41

Lloyd and Harry both are claiming patent rights protection for inventions that they independently created.The rights to protection will be:

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

Question 42

A patent holder should mark their product as patented in order to achieve the fullest protections.Each of the following is an acceptable means to mark 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 43

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 devises 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 44

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

A) the Supreme Court agreed that since Grokster could not have known whether infringement was occurring or not, that Grokster could not have been held liable either directly, indirectly or vicariously.
B) the device provided by Grokster to its customers was capable of substantial non-infringing 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 their 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 their device was designed to copy was already in the public domain and therefore not protected

Question 45

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

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

Question 46

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 publishers copyright run out and expire?

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

Question 47

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 48

Each of the following is considered trade dress except:

A) the white linen table cloths 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 49

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 50

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

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

Question 51

A utility or business method patent will last for:

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

Question 52

The three stripes on Adidas clothing represents a:

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

Question 53

Trade secrets are protectable:

A) for nine years.
B) for seventeen years.
C) for twenty three years.
D) for as long as the company desires

Question 54

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 55

A trademark can be any of the following except a:

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

Question 56

The No Electronic Theft Act primarily addressed protection regarding:

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

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

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

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

Question 59

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 60

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

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

Question 61

Martin is an intern working for Tennessee Fried Chicken,an international company with over 1000 franchised restaurants throughout the U.S.and in twenty one other countries.They heavily advertise on television and in various print media that their chicken is superior due to their blend of "forty-two 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.He sees the wall safe is open and looks inside seeing an envelope labeled "THE RECIPE".He opens it and sees that it's the list of the forty-two 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 them of the information he possesses and they arrange a meeting.

A) if Martin sells the recipe to BFP, Martin is guilty of misappropriation but BFP is not guilty of misappropriation
B) if Martin sells the recipe to BFP, Martin is not guilty of misappropriation but BFP is guilty of misappropriation
C) if Martin sells the recipe to BFP, both Martin and BFP are guilty of misappropriation
D) neither Martin not BFP can be guilty of misappropriation because leaving the safe open shows the secret was not guarded as is necessary to qualify for trade secret protections

Question 62

Your school is embarking upon a new advertising campaign and has started using the tag line "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 63

Professor Patty is very distraught that three students in her class cannot afford to buy the forty two chapter book.The book is used for two semesters although not all students take the second course.She finally tells them that she will make copies of the twenty one chapters to be discussed for them,at no charge.Professor Patty makes the copies and gives them to the students prior to the beginning of each new chapter.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 twenty one 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 64

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 65

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

Question 66

Why are trademarks worthy of protections as valuable business assets?

Question 67

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

Question 68

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 on-line.When the plagiarism is discovered,an infringement claim is brought.Cynthia is guilty of:

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

Question 69

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

A) manufacturers of CD-Writers were required to pay 2% 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 70

A design patent will last for:

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

Question 71

On what grounds might the United States Patent and Trademark Office deny or reject an application for trademark Protection?

Question 72

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 73

Why does the 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 74

Companies will 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 75

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

Question 76

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 United States 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 77

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

Question 78

The Computer Software Copyright Act defined computer software programs as a:

A) literary process.
B) literary system.
C) literary operation.
D) literary work

Question 79

Name the factors looked at by the court in the "Polaroid Test" used to determine whether trademark infringement has occurred.

Question 80

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% 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 is 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?