Question 1

Why does the law disfavor noncompetition agreements?

Accepted Answer

The answer of Why does the law disfavor noncompetition agreements?...

Question 2

Which of the following doctrines recognizes that the social purposes present in certain uses of copyrighted works may be important enough to excuse defendants' uses of the works without permission?
A)Dilution doctrine
B)Fair use doctrine
C)First sale doctrine
D)Doctrine of equivalents

Accepted Answer

The fair use doctrine recognizes that the social purposes present in certain uses of copyrighted works may be important enough to excuse defendants' uses of the works without permission.

Question 3

Jackson,Inc.sells bleach in containers that are similar in size,shape,and color to a well-known competitor's containers for the same product.Jackson may face liability under section 43(a)of the Lanham Act based on a(n):
A)passing-off claim.
B)trade dress infringement claim.
C)false advertising claim.
D)infringement of a registered trademark claim.

Accepted Answer

A product's trade dress is its overall appearance and sales image.Section 43(a)prohibits a party from passing off its goods or services as those of a competitor by employing a substantially similar trade dress that is likely to confuse consumers as to the source of its products or services.

Question 4

Patents issued on a process,defined as a mode of treatment of certain materials to produce a given result,is classified as:
A)utility patents.
B)design patents.
C)plant patents.
D)functional patents.

Accepted Answer

Patents issued on a process,machine,manufacture,composition of matter,or improvement of any of the former are classified as utility patents.

Question 5

When does a patent infringement occur?

Accepted Answer

The answer of When does a patent infringement occur?...

Question 6

CW,Inc.publishes Consumer Watchdog,a magazine whose articles consist of the writers' personal experiences with and reactions to a variety of products.In the June 1997 issue of Consumer Watchdog,a review included this statement: "Fungus Co.'s 'Fungo' brand athlete's foot powder doesn't cut the mustard in comparison to most athlete's foot powders on the market--and I've tried them all,sports fans.Fungo fails to attack athlete's foot with enough force because the product doesn't contain AF88,the active ingredient in any decent athlete's foot powder." In fact,Fungo contains as much AF88 as any other athlete's foot powder on the market.Fungus Co.has filed suit against CW on the theory that the above statements violated section 43(a)of the Lanham Act.On these facts,should Fungus win the section 43(a)case? Why or why not? Would Fungus have success under any other claims?

Accepted Answer

The answer of CW,Inc.publishes Consumer Watchdog,a magazine whose articles consist...

Question 7

What is the first-to-invent rule?

Accepted Answer

The answer of What is the first-to-invent rule?...

Question 8

What is the modern day rule for how long a copyright will last?
A)50 years form its first publication
B)75 years from its first publication
C)Life of the creator plus 70 years
D)Life of the creator plus 50 years

Accepted Answer

With the enactment of the Sonny Bono Copyright Term Extension Act (CTEA),the basic duration rule for works created in 1978 or thereafter is now life of the author/creator plus 70 years (up from 50).

Question 9

Discuss a criticism of the first-to-file policy.

Accepted Answer

The answer of Discuss a criticism of the first-to-file policy....

Question 10

Which of the following gives certain exclusive rights to creators of original works of authorship?
A)Patent law
B)Trademark law
C)Trade secrets law
D)Copyright law

Accepted Answer

Copyright law gives certain exclusive rights to creators of original works of authorship.It prevents others from using their work,gives them an incentive to innovate,and thereby benefits society.

Quiz 8: Intellectual Property and Unfair Competition

Why does the law disfavor noncompetition agreements?

Which of the following doctrines recognizes that the social purposes present in certain uses of copyrighted works may be important enough to excuse defendants' uses of the works without permission?

Jackson,Inc.sells bleach in containers that are similar in size,shape,and color to a well-known competitor's containers for the same product.Jackson may face liability under section 43(a) of the Lanham Act based on a(n) :

Patents issued on a process,defined as a mode of treatment of certain materials to produce a given result,is classified as:

When does a patent infringement occur?

What is the first-to-invent rule?

What is the modern day rule for how long a copyright will last?

Discuss a criticism of the first-to-file policy.

Which of the following gives certain exclusive rights to creators of original works of authorship?