Question 1

The Supreme Court has held that developing a method for creating something that exists in nature ___ protected by patent laws.

Accepted Answer

The answer of The Supreme Court has held that developing...

Question 2

At Anne's Beauty Emporium,Della operates a small store-within-a-store in which she sells bags that appear to be designer Prada and Gucci handbags.The bags are priced at Della's at between $65 and $190 each.The price for the same Prada and Gucci bags in department stores would be between $325 and $900.Della is probably selling:

Accepted Answer

The answer of At Anne's Beauty Emporium,Della operates a small...

Question 3

Which of the following is a generic term?

Accepted Answer

"Cola" is a generic term that refers to any carbonated, sweetened soft drink, while the other options are specific brand names.

Question 4

To be patentable,an idea must be which of these?

Accepted Answer

An idea must be useful to be patentable. Obvious ideas and intangibles cannot be patented.

Question 5

The Trademark Dilution Act provides a remedy for:

Accepted Answer

The Trademark Dilution Act is designed to provide a remedy for the unauthorized commercial use of a trademark that is identical or similar to a "famous" trademark, to prevent dilution of its distinctiveness or harm to its reputation, rather than for issues related to the quantity of trademarks registered or their overuse.

Question 6

Which of the following is/are generic term(s)?

Accepted Answer

While A and B have become commonly used names for specific brands of adhesive bandages and gelatin desserts respectively, Aspirin had been a brand name that became a generic term for acetylsalicylic acid.

Question 7

Trade dress:

Accepted Answer

Trade dress can be protected if there will be confusion and if it is distinct. Registration of a trade name or trademark is not necessary for trade dress protection, but it may strengthen the claim.

Question 8

The Sonny Bono Copyright Extension Act:

Accepted Answer

The Sonny Bono Copyright Extension Act extended the time for federal copyright protection to 70 years beyond the life of the creator/author. This means that works created by individuals or corporations may benefit from this extension. It applies to various types of copyrighted works, including movies.

Question 9

"M & M's" brand candy is:

Accepted Answer

"M & M's" is a well-known brand name and is therefore an example of a trademark. As a trademark, it is entitled to legal protection against infringement.

Question 10

Copying an article from a computer science journal that sells subscriptions and then distributing it to 25 employees at your company:

Accepted Answer

Copying and distributing an article from a computer science journal that sells subscription without permission would be considered copyright infringement. Fair use exceptions do not cover distribution of entire articles to a group of people, especially if it serves a commercial purpose like in this case, where the employees are receiving the articles for work-related purposes. Charging the employees for the copies would also not make the action permissible under fair use.

Question 11

Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy.She wishes to share it with her class that morning and makes 50 copies to distribute to them.Professor Wright:

Accepted Answer

Professor Wright's use of the article may fall under the fair use exemption to copyright law as it is for educational purposes and not for profit. Four factors are typically considered when determining fair use: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work. In this case, the use is for educational purposes, the article is factual and informative, only a small portion (one copy per student) is being used, and it is unlikely to negatively impact the potential market for the article.

Question 12

Yanni's Yachts has created a specially designed awning for its boats.Yanni's did not patent the awning.Dream Boats purchased one of Yanni's boats and then copied the awning from the boat it purchased from Yanni.

Accepted Answer

Since Yanni's Yachts did not patent the awning, it cannot be considered a patent infringement by Dream Boats. Additionally, without information suggesting the awning was a trade secret or that specific measures were taken to protect it as such, it cannot be considered a misappropriation of a trade secret.

Question 13

Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun,with the hot dog wearing a white chef's hat at one end.Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat.Ted's probably has an infringement claim based on:

Accepted Answer

Ted's Red Hots likely has a trade dress infringement claim, as their unique shape could be considered a distinctive aspect of their branding and Wally's use of a similar shape with a chef's hat could lead to consumer confusion. Patents are typically used to protect inventions or processes, and copyright protection generally applies to creative works like books or music, rather than restaurant branding.

Question 14

Patents are:

Accepted Answer

Patents are legal monopolies granted for a period of 20 years from the filing date of a patent application. This means that the patent holder has exclusive rights to make, use, and sell the invention described in the patent for 20 years, after which time the patent expires and the invention enters the public domain. B is incorrect as there is not a lifetime plus 50 years protection. C is also incorrect as federal statutes do protect patents from infringement.

Question 15

The Digital Millennium Copyright Act:

Accepted Answer

The Digital Millennium Copyright Act (DMCA) makes it a criminal offense to create programs to circumvent encoded copyrighted materials, also known as Digital Rights Management (DRM) technology. This is to prevent piracy and protect the copyright owner's intellectual property rights. Options B, C, and D are incorrect because the DMCA does impose liability on those who provide internet access to employees and for the circumvention of encoding of copyrighted materials for personal use.

Question 16

Which of the following are generic terms?

Accepted Answer

All three options (cellophane, aspirin, and thermos) have become generic terms that are no longer protected by trademark laws. Therefore, they can be used by anyone to refer to similar products, rather than only by the original trademark holders.

Question 17

What of the following could be protected as a trade secret?

Accepted Answer

All of the given options could potentially be protected as trade secrets. A chemical formula, such as the recipe for Coca-Cola, is a classic example of a trade secret. The supply chain management system of a company, including the processes, tools, and relationships involved in sourcing, producing, and delivering products, could also be considered a trade secret if it provides a competitive advantage. A customer list, which includes information about individual customers and their preferences, is another type of trade secret that could be protected. However, whether or not these items qualify as trade secrets depends on various factors, such as their level of novelty or uniqueness, the efforts made to keep them confidential, and the potential economic benefits that would result from their disclosure.

Question 18

If a major company buys one subscription to a journal for all of its employees to copy and share,the company:

Accepted Answer

Buying one subscription to a journal for all employees to copy and share does not fall under fair use, as it is being used for commercial purposes. The company would be liable for copyright infringement.

Question 19

What types of remedies are available for patent infringement?

Accepted Answer

Injunctions and damages are the two most common remedies available for patent infringement. Injunctions can be granted by a court to prevent further infringement and damages can be awarded to compensate the patent owner for losses incurred due to the infringement. Therefore, both options, a and b, are the best choices for remedies against patent infringement. Specific performance, on the other hand, is not typically available in patent cases.

Question 20

The "likelihood of confusion" standard is used:

Accepted Answer

The "likelihood of confusion" standard is used in trademark infringement cases to determine if there is a significant enough similarity between trademarks that consumers may confuse the source of the products or services.

Quiz 15: Business and Intellectual Property Law