Exam 8: Intellectual Property Rights

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

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

Trademark dilution cannot occur online.

Stig creates unique graphic works that feature characters of his own imagination.Copyright protection for Stig's work is

Alpha Inc.announces a new computer operating system to be marketed under the name McSoftware.McDonald's Corp.asserts that the use of this name infringes on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term.Alpha responds that "Mc" has come into generic use as a prefix and therefore McDonald's has no trademark rights to the prefix.Alpha files an action,seeking a judgment that the mark McSoftware does not infringe on McDonald's trademarks.What factors will the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

The United States can prosecute foreign counterfeiters under U.S.law.

France and the United States are signatories of the Berne Convention.Alain,a citizen of France,publishes a book first in France and then in the United States.Alain's copyright must be recognized by

An unusual or fanciful trade name is not protected under trademark law.

To be protected under the Copyright Act,a work must be

Certain business processes are copyrightable.

Under the Madrid Protocol,the fees and procedures for trademark registration vary significantly among individual countries.

GoodGro Inc.makes genetically modified seeds that are identical to Harvest Corporation's patented seeds,without Harvest's permission.This is most likely

Works that are copyrightable include

Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.

Berry Good LLC registers its trademark with the U.S.Patent and Trademark Office,and uses it to market a distinctive line of ice cream products.Crabapple Inc.uses the mark without Berry's consent to sell imitation frozen desserts.Berry has a cause of action against

Intellectual property is property resulting from intellectual,creative processes.

The products involved in a trademark dilution suit must be similar.

The idea for "Price & Profit," an app that businesses can use to track their revenue,profit,and payroll,is protected by

Obtaining a court order to close down the domain name of a website is an effective tool that U.S.officials use to combat online sales of

A licensor who allows a licensee to use a trademark as part of the licensee's company name must also permit the licensee to use the mark on its products.