Exam 41: Intellectual Property

Derrick buys a CD,but after listening to it,decides he doesn't like the music.May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music,may he legally copy the CD for her?

Which of the following phrases could be registered as a trademark?

If a trademarked name acquires a generic meaning,the owner of the trademark loses protection.

The name "Johnson Garage Doors" cannot be a trademark because a surname is already being used and other people have the right to continue to use the name.

Clarissa trademarked her new company Samjack after her two sons Sam and Jack.This would be considered a fanciful trademark.

Identify the main provisions of the Digital Millennium Copyright Act and two arguments opponents of the Act raise.

A design patent protects the appearance of an item and is valid for 14 years.

Martina developed a new type of apple tree which could be reproduced through grafting.She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

AVCO used a famous registered trademark of BNC,Inc.in a manner that reduced its value.This is a violation of the

A patent is available for an idea as well as a tangible application.

International copyright protection is

NikeShoes.com produces a running shoe that it sells in the United States.The shoe has a check mark on the side,uses inferior materials and is made using child labor.Nike,Inc.sues NikeShoes for trademark infringement under the Federal Trademark Dilution Act of 1995 What is likely to be the grounds for this suit?

McDonald's famous golden arches and other marks used by the company illustrate a

Of the following,which is an advantage of trademark registration?

James and his band played a very familiar song.However,they made up different words for the song that were intended to be funny.James's version of the popular song with different words is known as

Under the fair use doctrine,instructors cannot be liable for copyright violations.

The Basic Books,Inc.v.Kinko's Graphic Corp.case held that

A color cannot be trademarked since it cannot be kept from use by other businesses.

Southern Bar-B-Q owns a special,secret recipe for sauce which it guards because it gives the restaurant a competitive advantage.If Mort willfully misappropriates the recipe,a court may hold him liable to Southern for double damages.

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?