Exam 7: Intellectual Property Rights

Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include

Some business processes can be protected as trade secrets.

Without permission, Race Runners Inc. uses a trademark that is similar to the registered mark of Swiftfoot, Inc. This use of the mark constitutes trademark dilution

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is

Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.

Don One decides to use his personal name for a line of clothing he is developing. In this circumstance, Don One will receive trademark protection under the law when

A license that limits the uses of a patent by the licensee is unlawful.

A patent applicant must demonstrate that an invention is useful to receive a patent.

Pseudo Drugs Inc. is convicted of trafficking in counterfeit prescription drugs. As a penalty, the company may be ordered to pay restitution to the trademark holders in an amount equal to

Ruby invents a new type of pillow and obtains a patent for it. Sleep-Time Inc. believes that Ruby's pillow infringes on one of Sleep-Time's previously patented products. Sleep-Time must file a challenge to Ruby's patent within

Information that may be protected as trade secrets includes

With respect to a patented process, all steps or their equivalent must be copied for infringement to occur.

Trademark dilution cannot occur online.

The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products.

Apex Electrical Inc. agrees to allow Apex Foundations LLC to use the owner's trademark "Apex" as part of its company name but not otherwise. The domain name apex.com can be used online by

Intellectual property is property resulting from intellectual, creative processes.

A descriptive term is protected under trademark law if it acquires a secondary meaning.