Question 1

Leigh buys Masters of Business, a copyrighted book. Under the first sale doctrine, Leigh can legally

Accepted Answer

The first sale doctrine allows the owner of a legally obtained copy of a copyrighted work to resell, display, or dispose of the copy without the permission of the copyright owner. Therefore, Leigh can legally sell the book to another person under the first sale doctrine. However, Leigh cannot republish the book as his own work or control the distribution of other copies of the book without the permission of the copyright owner.

Question 2

Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to

Accepted Answer

Federal copyright protection extends to the parts of the app that can be read by computers, such as the code and software. It does not extend to the general appearance or the command structure of the app, which may be protected by other forms of intellectual property such as trademarks or patents.

Question 3

United Inc., a U.S. film production company, files a suit against Video Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Both the U.S. and Mexico are signatories of the TRIPS agreement, under which United is entitled to

Accepted Answer

As signatories of the TRIPS agreement, both the U.S. and Mexico are obligated to provide the same level of protection for intellectual property rights. Therefore, United is entitled to the same rights and protection under Mexican law as Video. Option A and C are incorrect as they suggest unequal or reduced protection for one party. Option D is incorrect as the TRIPS agreement specifically addresses intellectual property rights and provides for protection and enforcement measures.

Question 4

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

Accepted Answer

The answer of The idea for "Price & Profit," an...

Question 5

Like most successful companies, Phones Inc. has trade secrets. The law protects those secrets if the information is

Accepted Answer

The answer of Like most successful companies, Phones Inc. has...

Question 6

Predictive Data LLC makes and sells software that enables a business to target its advertising precisely. The company could successfully bring an action for copyright infringement against a competitor who copies

Accepted Answer

The answer of Predictive Data LLC makes and sells software...

Question 7

Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely

Accepted Answer

Distributing a small portion of the choreography for educational purposes and not for profit is considered fair use as it falls under the category of criticism, comment, news reporting, teaching, scholarship, or research, and does not require payment of royalties.

Question 8

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

Accepted Answer

Paving Corporation's actions constitute theft of trade secrets, as they obtained confidential business data from a competitor without authorization. Copyright, patent, and trademark infringement involve different types of intellectual property violations, which are not applicable in this scenario.

Question 9

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

Accepted Answer

The answer of College Copy Shop (CCS) compiles, copies, and...

Question 10

France and the United States are signatories of the Berne Convention. Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by

Accepted Answer

As both France and the United States are signatories of the Berne Convention, Alain's copyright would be recognized by all the signatories of the Convention.

Question 11

Alpha Inc. announces a new computer operating system to be marketed under the name McSoftware. McDonald's Corp. asserts that the use of this name infringes on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term. Alpha responds that "Mc" has come into generic use as a prefix and therefore McDonald's has no trademark rights to the prefix. Alpha files an action, seeking a judgment that the mark McSoftware does not infringe on McDonald's trademarks. What factors will the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

Accepted Answer

The answer of Alpha Inc. announces a new computer operating...

Question 12

Information that may be protected as trade secrets includes

Accepted Answer

All of the choices listed can be protected as trade secrets. This includes customer lists, pricing information, and marketing techniques, as long as they are not generally known in the industry and provide the company with a competitive advantage.

Quiz 8: Intellectual Property Rights