Question 1

What are some of the remedies available for infringement under the Lanham Act?

Accepted Answer

All of the listed remedies (injunction, impoundment and destruction of infringing articles, and up to three times actual damages) are available for infringement under the Lanham Act.

Question 2

Incellmed Corporation is in the business of developing genetically engineered pharmaceutical products. It uses a number of highly technical secret processes in its business. Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company. He then went to work for one of Incellmed's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Incellmed. What, if any, recourse does Incellmed have under the circumstances?

Accepted Answer

The answer of Incellmed Corporation is in the business of...

Question 3

Which of the following remedies is NOT available for patent infringement?

Accepted Answer

An accounting for profits is not a remedy available for patent infringement under U.S. law. Remedies typically include damages, possibly trebled for willful infringement, injunctive relief, and attorney fees in exceptional cases.

Question 4

The international treaty to which the United States is a party and which protects copyrighted works is known as the:

Accepted Answer

The Berne Convention is a treaty signed in 1886 that establishes international rules regarding copyright protection. The United States became a party to the Convention in 1989.

Question 5

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work. A vice-president/producer at a film studio read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?

Accepted Answer

The answer of Edwina wrote an original novel entitled "Good...

Question 6

Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

Accepted Answer

It is unlikely that Curt will be able to register the name "Harvard Software" because it falsely suggests a connection to an institution. The Lanham Act prohibits registering marks that falsely suggest a connection with a person, institution, or geographic location. Even though Curt has no connection with Harvard University, using the name "Harvard Software" suggests an affiliation with the university, which could confuse consumers. Therefore, it is unlikely that he will be able to register the name.

Question 7

A patent would be appropriate in all but which one of the following cases?

Accepted Answer

The answer of A patent would be appropriate in all...

Question 8

Utility patents require which of the following elements?

Accepted Answer

Utility patents require novelty, meaning the invention must be new and not previously disclosed or patented. Ornamentality, distinctiveness, and obviousness are elements required for design patents, not utility patents.

Question 9

If a registered copyright is willfully infringed, the owner may ask for and receive which of the following remedies?

Accepted Answer

The answer of If a registered copyright is willfully infringed,...

Question 10

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business. To protect the process, Incellmed may:

Accepted Answer

Incellmed can choose to either patent the process or protect it as a trade secret, depending on the other facts of the situation. Traditionally, patents provide exclusive rights, while trade secrets provide protection through secrecy. However, the choice of protection depends on multiple factors, such as the duration of protection, the cost of enforcement, the competitive advantages, and the risks of reverse engineering, among others. Therefore, Incellmed should evaluate the benefits and costs of both options before making a decision on how to protect its process.

Question 11

Infringement of a mark occurs when:

Accepted Answer

Infringement of a mark occurs when a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive. While intention and actual confusion by purchasers can strengthen a case for infringement, they are not necessary elements for infringement to occur. The unauthorized use of an identical or confusingly similar mark is enough to establish infringement.

Question 12

A person who intentionally and knowingly uses a counterfeit mark may receive:

Accepted Answer

The answer of A person who intentionally and knowingly uses...

Question 13

Which one of the following cannot be registered under the Lanham Act?

Accepted Answer

The Lanham Act prohibits registration of marks that are immoral, deceptive, scandalous, or disparaging.

Question 14

An example of a "certification mark" would be:

Accepted Answer

"Real Cheese" is a certification mark, indicating that the cheese product has met certain standards set by a certifying organization. This mark does not indicate the manufacturer or source of the product, unlike a trademark.

Question 15

Julius had just finished a reading of his work in a local park. Afterwards he passed out copies of the same for folks to enjoy at home. However, Martina took her copy to a local college magazine and had it published in her name. What are Julius's rights under the copyright law?

Accepted Answer

The answer of Julius had just finished a reading of...

Question 16

What are the ways that basic trade secrets are misappropriated?

Accepted Answer

The answer of What are the ways that basic trade...

Question 17

Congressional legislation implementing the Madrid Protocol:

Accepted Answer

Congressional legislation implementing the Madrid Protocol allowed U.S. trademark owners to file for registration in the many member countries of the Protocol by filing a single application.

Quiz 39: Protection of Intellectual Property