Ch 6 - Intellectual Property Rights

Carissa writes a novel but does not register a copyright for the novel. Carissa e-mails a copy of the novel to her friend, Kevin. Carissa: a. has a valid copyright on the novel even though she didn't register it. b. has a valid copyright on the novel after Kevin opens the email. c. does not have a valid copyright because she did not register it. d. does not have a valid copyright because novels are not copyrightable.

a. has a valid copyright on the novel even though she didn't register it.

BKS, Incorporated has a research and development (R&D) facility in the Arizona desert. Only authorized persons are allowed in the facility and all employees and guests must sign a non-disclosure agreement. BKS likely considers the ideas of the people in their R&D division to be: a. trade secrets. b. patented. c. copyrighted. d. trademarked.

a. trade secrets.

Roger McDonald decides to open up a series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's Corporation, the famous fast food restaurant chain, wants him to stop using the curvy M, as it resembles McDonald's Corporation's famous golden arches. Assuming that the association with a liquor store would likely harm McDonald's Corporation's reputation, McDonald's Corporation wants to stop Roger from using the blue M. Which is true? a. McDonald's cannot stop him from using the blue M because it is not identical to the golden arches. b. McDonald's can stop him from using the blue M if the similarity between the marks creates an association between them. c. McDonald's can stop him from using the blue M only if there is a substantial likelihood of confusion by consumers. d. McDonald's cannot stop him from using the blue M because McDonald's cannot trademark an entire letter of the alphabet.

b. McDonald's can stop him from using the blue M if the similarity between the marks creates an association between them.

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: a. an infringement of Isaiah's copyright only if consumers are confused. b. an infringement of Isaiah's copyright. c. protected if Sally and Isaiah are competitors. d. protected under the fair use doctrine.

b. an infringement of Isaiah's copyright.

Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a: a. certification mark. b. service mark. c. collective mark. d. trade name.

b. service mark.

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: a. the grill only. b. the name only. c. the manual only. d. the grill, the name, and the manual.

b. the name only.

On the Border Mexican restaurants all have the same terra-cotta 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: a. trade name. b. trade dress. c. trademark. d. trade secret.

b. trade dress.

John invents a new type of automobile-tracking system on January 1 and files a patent application for it on June 30. On March 10, Susan invents a very similar system and files a patent application on March 15. Under the America Invents Act, who holds the valid patent? a. John, because he was the first to invent the system. b. John, because the most recent application is the most valid. c. Susan, because she filed a patent application first. d. Susan, because she filed a patent application within ten days of inventing the system.

c. Susan, because she filed a patent application first.

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 listed answers provides her an avenue for registering a trade name internationally? a. The Berne Convention b. The TRIPS Agreement c. The Madrid Protocol d. The Anti-Counterfeiting Trade Agreement

c. The Madrid Protocol

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: a. only the information contained in the files for the new game. b. only Laz's ideas concerning the design of the game. c. the information in the files and Laz's ideas for the game design. d. none of the information in the files.

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

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: a. copyright infringement. b. patent infringement. c. trademark infringement. d. trade dress infringement.

c. trademark infringement.

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 win a patent infringement case against Allied? a. No, unless consumers are confused. b. No, unless Hot has sold the motor in the marketplace. c. Yes, if Allied and Hot are competitors. d. Yes, because Allied infringed on Hot's patent.

d. Yes, because Allied infringed on Hot's patent.

In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book: a. is not protected at all. b. is protected for ten years. c. is protected forever. d. is protected for her life plus seventy years.

d. 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: a. Cason's concept. b. Cason's process. c. Cason's concept and process. d. neither Cason's concept nor his process.

d. neither Cason's concept nor his process.