Ch.14

A patent lasts:

20 years.

A chain of organic fast food restaurants uses the same distinctive colors, furniture, labels, logos, and employee uniforms. This unique ambiance is known as trade dress, which is NOT, however, as good as trademark protection.

False

A color scheme can never qualify for trademark protection.

False

Because there is no contract between an outsider who steals confidential business data by industrial espionage, there can be no violation of trade secrets.

False

If a business process and information relating to that process cannot be patented, copyrighted, or trademarked against appropriation by competitors, there is nothing that a business can do.

False

Patent infringement is a crime.

False

Under all circumstances, the duration of trade secrets is forever.

False

Which example in the following list is unrelated to the concept of intellectual property.

Land

The most important statutory protection for trademarks is the:

Lanham Act

Rachel has just finished the business plan for a franchise that she expects to have international appeal. She is concerned about protecting the trade name of the business. Which of the following provides her an avenue for registering a trade name internationally?

The Madrid Protocol.

A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods.

True

Silverado Foods, Inc., wishes to obtain trademark protection for a product it sells that it has named Salad Dressing, but will probably be unable to do so because the phrase is generic.

True

Subsequent to the America Invents Act (2011), the first person to file a patent application receives patent protection.

True

Most states laws with respect to protection of information of a commercial value are based on the:

Uniform Trade Secrets Act.

Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot's in the air conditioners it manufactures. Allied does not have Hot's permission to use the motor. Can Hot sue Allied for patent infringement?

Yes, because Allied infringed on Hot's patent,

Without permission, Sally copies photographs from Isaiah's book Mount Everest: Top of the World and uses them in a new book. Sally's book is about photography, not mountains. Sally's use of the photos is

an infringement of Isaiah's copyright.

Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects

neither Cason's concept nor his process.

To be patentable, an invention, discovery, process, or design must be:

novel, useful, and not obvious.

Pierre has a radio show in the evening that he calls "Pierre in the PM" and he uses that label in print ads. Pierre most likely can register "Pierre in the PM" as a

service mark.

A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for

the information in the files and Laz's ideas for the game design.

On the Border Mexican restaurants all have the same terracotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus, the wait staff wear similar types of clothing, and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their

trade dress

Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of

trademark infringement.

Syrup Company creates a drink with coffee and chocolate and sells it under the name MochaMerge. Alpha Corporation starts selling a similar product under the name MokaMerge. This is most likely a matter of:

trademark infringement.