Chapter 8: Intellectual Property Rights

Stop Counterfeiting in Manufactured Goods Act (SCMGA) makes it a crime to

- traffic intentionally in counterfeit goods - knowingly use counterfeit mark in terms of goods/services

trademark infringement

- use without authorization

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable for trademark infringement provided a) Sparkly's mark is registered. b) consumers are confused. c) Bubbly's use reduces the value of Sparkly's mark. d) Bubbly's use is intentional.

B) consumers are confused.

Tech Corporation uses USA, Inc.'s trademark in Tech's ads without USA's permission. This is a) copyright infringement b) patent infringement c) trademark infringement d) none

c) trademark infringement

license

contract permitting use of trademark, copyright, patent, or trade secret

Data Corporation created and sells "Economix," financial computer software. Data's copyright in Economix is best protected under a) berne convention b) madrid protocol c) paris convention d) TRIPS agreement

d) TRIPS agreement

production techniques used to make "grave raiders," a computer game, are protected by a) copyright law b) patent law c) trademark law d) trade secrets law

d) trade secrets law

Tony owns Tonio's, a pub in a small town in Iowa. Universal Dining, Inc., opens a chain of pizza places in California called "Tonio's" and, without Tony's consent, uses "toniosincalifornia" as part of the URL for the chain's website. This is a. copyright infringement. b. cybersquatting. c. trademark dilution. d. none of the choices.

d. none of the choices.

Omega, Inc., uses a trademark on its products that no one, including Omega, has registered with the government. Under federal trademark law, Omega... a) can register the mark for protection b) cannot register a mark that has been used in commerce c) is guilty of trademark infringement d) must postpone registration until the mark has been out of use for 3 years

a) can register the mark for protection

National Media, Inc. (NMI), publishes Opinion magazine, which contains an article by Paula. Without her permission, NMI puts the article into an online database. This is a) copyright infringement b) patent infringement c) trademark infringement d) none

a) copyright infringement

The graphics used in "Grave Robbers," a computer game, are protected by a) copyright law b) patent law c) trademark law d) trade secrets law

a) copyright law

to be protected, must be

- "fixed and durable medium" - original

trademark registration

- U.S. patent and trademark office in DC - renewable every 5-6 years after initial and then 10 years after

copyright act of 1976 / copyright protection

- before 1978, 70 years - after, life of author + 70 years - owned by publishing house, 95 years from publication or 120 from date of creation - more than one author, 70 years after last survivor

infringement action

- caused confused about origin of defendant's good or services - remedy: injunction to prevent further infringement

secondary meaning

- descriptive, geographic, and personal names not distinctive and do not receive protection under law until they acquire secondary meaning - "Calvin Klein" with designer clothes

trademark dilution

- doctrine where distinctive or famous trademarks protected from certain unauthorized uses regardless of showing of competition or likelihood of confusion

strong mark

- fanciful, arbitrary, suggestive - most distinctive

counterfeiting penalties

- fines up to $2 mill and imprisonment of up to 10 years - forfeiture - payment of restitution

patent

- gov grant gives inventor the exclusive right or privilege to make, use, or sell invention for limited time period - 1st to invent

whether secondary meaning becomes attached to name depends on

- how extensively product is advertised - market for product - number of sales

under current law, mark registered

- if it is currently in commerce - or intends to put in commerce in 6 months

trade dress

- image/appearance of product - distinctive decor, menu, layout, style of service

trade secret

- info or process that gives business advantage over competitors who do not know the info or process

remedy for patent infringement

- injunction against infringer - request damages for royalties and lost profits - seek reimbursement for attorney's fees / court costs

anything is patent except:

- laws of nature - natural phenomena - abstract ideas

service mark

- mark used in sale or ads to distinguish services of one person from others - titles, characters names

fair use exception

- not infringement if: criticism/comment, news reporting, teaching, scholarship, researching

first sale doctrine

- owner of copyrighted item can, without authority of copyright owner, sell or dispose of it

patent infringement may occur even though

- patent owner not put patented product into commerce - not all features or parts of patents are copied

Lanham Act statutory

- protection of trademarks on federal level

generic terms

- receive no protection, even if they acquire secondary meaning - bicycle, computer, thermos

suggestive trademarks

- something about product's nature, quality, or characteristics without describing product directly - dairy queen

trade name

- term used to indicate part or all of business' name and directly related to business's reputation; cannot be registered under federal gov

for trademark dilution action, must show

1. plaintiff owns famous mark that is distinctive 2. defendant begun using mark in commerce that allegedly is diluting the famous mark 3. similarity between defendant's mark and famous mark 4. association impairs distinctiveness of famous mark or harm reputation

protected against

1. reproduction 2. development of derivative 3. distribution of work 4. public display of work

patent designs given for

14 year period

patent inventions given for

20 years

Clothes made by workers who are members of the Clothes Makers Union are sold with tags that identify this fact. This is a) a certification mark b) a collective mark c) a service mark d) trade dress

b) a collective mark

iMeeMine Inc. develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for a) the "newness" of the device. b) the name "Call Mee." c) the phone. d) none of the choices.

b) the name "Call Mee."

Isabel invents a new type of light bulb and applies for a patent. If Isabel is granted a patent the invention will be protected... a. for 10 years. b. for 20 years. c. for the life of inventor plus 70 years. d. forever.

b. for 20 years.

Johnnycakes, Inc. uses Pattycake Corporation's patented formula in Johnnycakes's recipe for a similar product, without Pattycake's permission. This is... a. copyright infringement b. patent infringement c. trademark infringement d. none of these

b. patent infringement

trademark

distinctive mark, motto, device, implement that manufacturer affixes to good so that they may be identified on the market and origins made known

copyright

exclusive right of authors to publish, print, or sell intellectual production for statutory period of time - protection automatic, registration not required

A copy must be exactly the same as an original work to infringe on its copyright.

false

A formula for a chemical compound is not a trade secret.

false

A trade name, like a trademark, can be registered with the federal government.

false

Only the intentional use of another's trademark can be trademark infringement.

false

To obtain a copyright, an author must show that a work is genuine, novel, useful, and not a copy of a current copyrighted work.

false

trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark

false

patent must be...

novel!

intellectual property

property resulting form intellectual, creative processes - patents, trademarks, copyrights

A personal name is protected under trademark law if it acquires a secondary meaning.

true

To obtain a patent, an applicant must show that an invention is genuine, novel, useful, and not obvious in light of current technology.

true

in determining whether the use of a copyrighted work is infringement under the fair use doctrine, one factor is the effect of that use on the market for the copyrighted work

true

using another's trademark in a domain name without permission violates federal law

true

arbitrary trademarks

use common words in uncommon way not descriptive of product - "dutch boy" paint

certification mark

used by 1+ people, other than owner, to certify region, materials, mode of manufacture, quality, or accuracy of goods/services - UL tested

collective mark

used by member of cooperative, association, or other org to certify the region, materials, mode of manufacture, quality, or accuracy of goods/services - labor union marks found on tags of certain products

Jon Joans decides to use his personal name for a line of clothing he is developing. Whether or not the name Jon Joans acquires a secondary meaning will depend on​ ​a) the number of clothing sales Jon makes. ​b) all of the choices are correct. ​c) how extensively Jon markets his line of clothing. ​d) the market for Jon's line of clothing.

​b) all of the choices are correct.

Louie invents "Market Up," new business inventory control software, and applies for a patent. If Louie is granted a patent, it will protect the product ​a) until the next software upgrade. ​b) for twenty years. ​c) for the life of Louie plus seventy years. ​d) for ten years.

​b) for twenty years.

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that​ ​a) consumers are confused. ​b) Sleek Feet and Thor are competitors. ​c) Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation. ​d) Sleek Feet's use is intentional.

​c) Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.

Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by ​a) none of the choices. ​b) patent law. ​c) copyright law. ​d) trademark law.

​c) copyright law.

In his recording "Nothing Nu 4U," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This is ​a) none of the choices. ​b) trademark infringement. ​c) patent infringement. ​d) copyright infringement.

​d) copyright infringement.

In 2017, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly's work is protected ​a) for twenty years. ​b) for ten years. ​c) until a revised or updated edition is issued. ​d) for the life of the author plus seventy years.

​d) for the life of the author plus seventy years.

Gro, Inc., makes genetically modified seeds with properties that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely ​a) copyright infringement. ​b) trademark infringement. ​c) not infringement. ​d) patent infringement.

​d) patent infringement.

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely​ ​a) a theft of trade secrets. ​b) copyright infringement. ​c) patent infringement. ​d) trademark infringement.

​d) trademark infringement.