Exam 6: Intellectual Property Rights

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet’s unauthorized use of the mark constitutes trademark dilution, provided that

A trademark need not be registered to support a trademark infringement action.

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

James buys a copy of the book Kangaroo Down, Sport. Later, after reading the book, James sells the book to his sister. James's sale of the book is

Trade names have the same legal protection as trademarks.

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

A marketing technique can be a trade secret.

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

The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods and pirated, copyrighted works being distributed via the Internet.

GreatGro, Inc., makes genetically modified seeds with properties that are iden-tical to Hearty Harvest Corporation's patented seeds, without Hearty Harvest's permission. This is most likely

With a few exceptions, almost anything is patentable.

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

The theft of trade secrets is a federal crime.

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

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

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of which publications should be included. 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.

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights.

The need to protect intellectual property is recognized in the Declaration of Independence.