Business Law - Ch. 8

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. T/F?

False

A color scheme can never qualify for trademark protection. T/F?

False

Patent infringement is a crime. T/F?

False; it is a tort

Assume that there is trade secret protection for the recipes, how long would that protection last?

Forever, as long as the recipes are not revealed to others.

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

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. T/F?

True

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

True

Unless a trade name is used as a trademark or service mark, it cannot be registered with the federal government. T/F?

True

Certification Mark

A mark used by one or more persons, other than the owners, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods and services.

Service Mark

A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others.

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

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

Which example in the following list is unrelated to the concept of intellectual property: a. Films b. Books c. Sculptures d. Poems e. Land f. Apps g. Songs

e. Land

In 2010, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book

is protected for her life plus seventy years.

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

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.

Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for

the name only

How many years does a patent last for?

20 years

Collective Mark

A mark used by members of a cooperative, association, or other organization to certify the region, materials, mode of manufacturer, quality, or accuracy of the specific goods and services.

If Sophia invented the secret recipes that Jack wants to keep, but she invented them at the restaurant during work, who would own any intellectual property rights in the recipes?

Jack, since it was at his restaurant.

The most important statutory protection for trademarks is the:

Lanham Act

If Jack were to have shared the secret recipes with friends during his ownership of the restaurant, could he still claim that they are trade secrets?

No, once the secret recipes are divulged to a third party, it is no longer a trade secret.

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

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,

Pick which of the following names probably will NOT obtain trademark protection. a. Fast Speed b. Elostella c. FastZeetropa d. X'perience e. Zanatol f. DreeReter

a. Fast Speed

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.

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

patent infringement.

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