Exam 11: Intellectual property

Which of the following is an example of an arbitrary trademark?

McBurger has just developed a new method of preparing its products that greatly reduces the fat content and other medical problems associated with fast food.Although still in the developmental phase,McBurger has been very careful not to release any information regarding the process.The information is constantly under lock and key.Jerry,a competitor's employee,took a public tour of McBurger University to evaluate going to work for McBurger.While on the tour,he accidentally saw the process being conducted in a small laboratory that was visible to everyone,but not part of the tour.Jerry realized that probably no one else would recognize the process,and said nothing.Jerry was able to duplicate McBurger's process,and is now about to be promoted to vice-president of his company.Does McBurger have a claim against Jerry and his employer? What is the likely outcome? Discuss fully.

The practice of _________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.

Perry is a playwright.He wrote and produced an off-Broadway play about the life of Colonel Sanders,"Just a Drop in the Bucket," that closed after the third performance.Later that same year,on vacation in Los Angeles,he went to see a new production called "Fry It Anyway." Perry was appalled to discover that the play was substantially similar to his own."Fry It Anyway" becomes a big hit.What protections are available for Perry? What defenses are available against any claims Perry might make? What additional protections would be available had Perry registered under the federal Copyright Act? Discuss fully.

A defendant is not liable for trademark infringement if his or her use is a _________,where the defendant uses the mark to talk about the mark itself.

Priscilla bought a new CD with her favorite Christmas music on it.She promptly proceeded to copy it for 15 of her best friends,including Brenda,and provided it free of charge.Unknown to Priscilla,Brenda's brother,Chris,was a member of the band.When he found out how Brenda got the disk,he angrily called Priscilla and accused her of copyright infringement.Is he correct that Priscilla is guilty of copyright infringement?

Fact pattern 11-2 Professor Peter enjoys using a small manual containing information on employment laws in his business law class.The manual costs $100 and is published by We Publish book publishers.Because Professor Peter wants to save his students some money,he copies the manual and has ABC Copy Store make copies for students.Students are required to purchase the copies directly from the copy store.Professor Prudence,who dislikes Peter because she believes he blocked her tenure application,hears about the deal and notifies the publishing company.The publishing company denies that the process be stopped and prepares to seek damages. -Refer to fact pattern 11-2.Can Copy Store be found guilty of copyright infringement?

The _________ doctrine provides that copyright protection does not extend to the useful application of an idea.

The federal trademark act is known as the _________ Act.

Which of the following is not a defense to a patent infringement claim?

Distinguish between copyrights and patents.What purpose does each serve,and what does each protect?

A copyright is a government-granted right to exclude others from making,using,or selling an invention.

Trade secrets are protected for an indefinite time.

An example of a fanciful trademark is

A _________ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

An invention is "novel" if it is explained in book format.

The three ways in which a patent may be infringed are directly,indirectly,or contributorily.

A _________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

Fact pattern 11-1 Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding.Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb.Samantha investigates and determines that the earlier patent was valid.Her friend Harry,a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent and that she should proceed to at least sell the rest of her inventory. -Refer to fact pattern 11-1.Assuming the validity of the earlier patent,which of the following is true regarding Samantha's rights to legally continue selling the combs?

Terms that were once enforceable trademarks may become generic and thereby not protected.