BUL3130 M8

A study published in the Harvard Business Review in January 2000 found that intellectual property represents approximately ________ of an average firm's value.

70 %

Mary Beth has written a novel. Copyright protection regarding her work will be for:

70 years after her death.

"Frosted Mini Wheats" is a descriptive mark that has acquired a secondary meaning and is afforded protection.

T

A patent equates to a governmentally sanctioned monopoly right.

T

A process or procedure is not eligible for copyright protection.

T

A trademark application to the U.S. Patent and Trademark Office that is rejected may still be entitled to trademark protection but not entitled to statutory benefits provided by law.

T

Depending on the jurisdiction, computer software programs may be afforded protection under either copyright law or patent law.

T

The doctrine of equivalence will negate the effect of the doctrine of omission if the new item performs substantially the same function as the already patented item.

T

The rule of omission applies when someone creates something exactly like an item already patented but deletes a feature included in the original product. The new product will not be considered a patent infringement if the deleted feature was a significant element of the original.

T

The standard that must be met for a plaintiff to win a trademark infringement claim is likelihood of confusion.

T

The color or shape of an item, if distinctive, is:

TRADE DRESS

Which of the following is a service mark?

The Geek Squad at Best Buy

Mike has written a novel.

The novel is copyrighted automatically after completion.

Trade secrets are protectable:

for as long as the company desires.

In Custom Vehicles v. Forest River, Custom sued because Forest used the term "Work and Play" to describe a van it manufactured after Custom had registered the mark "Work-N-Play" to describe a vehicle it had built. The court found no trademark infringement because Work-N-Play:

had not acquired a secondary meaning to qualify as a descriptive trademark.

The Digital Millennium Copyright Act provided each of the following protections except:

manufacturers of CD-writers were required to pay 2 percent of their sales into a fund to be distributed to copyright holders because the CD-writers could easily copy music and other copyrighted works.

A trademark can be any of the following except a:

FORMULA

In Metro-Goldwyn-Mayer Studios v. Grokster Ltd., Grokster claimed a fair use exception to the copyright infringement claim because its process was such that it was impossible for Grokster to know if the users of its device were infringing or not.

Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights.

A design patent will last for:

14 years from the date of the filing of the application with the U.S. Patent and Trademark Office.

A utility or business method patent will last for:

20 years from the date of the filing of the application with the U.S. Patent and Trademark Office.

Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010 Mike completes the companion book, and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publisher's copyright run out and expire?

2108

Which of the following is not eligible for immediate trademark protection?

DESCRIPTIVE TRADEMARKS

Once a patent has been issued by the U.S. Patent and Trademark Office, the patent cannot be challenged or revoked due to the comprehensive investigation performed by the USPTO prior to issuance.

F

One significant benefit of obtaining a patent is that the cost of defending a patent is relatively minimal compared to the cost of typical lawsuits.

F

Suggestive trademarks gain trademark protection only if they have acquired a secondary meaning.

F

The only way to obtain protection for a trademark is by registering the trademark with the U.S. Patent and Trademark Office.

F

The standard that must be met for a plaintiff to win a trademark dilution claim is likelihood of confusion.

F

Trademarks must be distinctive and cannot be classified as arbitrary or fanciful, with no inherent relationship to the company's product or service.

F

United Parcel Service has determined that the fewer left turns their trucks make, the more fuel they can conserve and the savings are significant. As a result, the company has gone to great lengths to design and schedule delivery routes that primarily make right turns. This business method is patentable.

F

Which of the following does not have to be shown for copyright protection to be granted?

The work has a present or potential value.

Cybersquatting describes the practice of:

registering multiple domain names and then selling them back to companies at inflated prices

Trade secret protections are provided through:

state statutes and common law

Both Lloyd and Harry are claiming patent rights protection for the same invention that each independently created. The rights to protection will be awarded to:

the one who actually completed the invention first.

Each of the following is considered trade dress except:

the white linen tablecloths at the Four Seasons Restaurant in New York City.

The three stripes on Adidas clothing represent:

trademark