Exam 13: Intellectual Property Rights

With a few exceptions, almost anything is patentable.​

The TRIPS agreement covers computer programs.​

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

Protection of trade secrets extends both to ideas and to their expression.​

Duplos College Bookstore compiles, copies, and sells reading materials to students. The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students. The copied materials include texts published by Ebooks, Inc. Duplos does not obtain the permission of Ebooks, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Ebooks and others file a suit against Duplos, alleging infringement of their intellectual property rights. Which type of intellectual property is involved in this situation? What is Duplos's likely defense? How is a court most likely to rule? Explain.​

A copy must be exactly the same as the original to infringe a copyright.​

Counterfeit goods are in fact sometimes genuine.​

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​

By using another's trademark, a business could lead consumers to believe that its goods were made by the other business.​

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided

Constellation Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.​

All aspects of software are protected by copyright law.​

A service mark distinguishes products used by those in public service.​

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.​

Mary Kate Inc. allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

AllforOne Inc. develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for​

Mace copies Nick's book, Off the Road, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

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

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