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Exam 12: Intellectual Property

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Question 41

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[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales. -Payments that Felicia would receive from Mei for the sale of the mask are referred to as which of the following?

A) Profits
B) Receipts
C) Royalties
D) Payoffs
E) Illegal

F) A) and E)
G) A) and D)

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Question 42

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Under the Agreement on Trade-Related Aspects of Intellectual Property Rights, no country can give its own citizens better intellectual property protections than it grants to citizens of other signatory countries.

A) True
B) False

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Question 43

Multiple Choice

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Which of the following is not a criterion that must be satisfied before a patent can be granted?

The primary way that the Universal Copyright Convention (UCC) of 1952, as revised in 1971, is different from the Berne Convention is that ________.

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit. -If Saya decides to ask the USPTO to reexamine Ramona's patent, what is she asking the USPTO to do?

The Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the standards of the Berne Convention. The only criteria is that:

Property that is primarily the result of mental creativity rather than physical effort is protected by the laws of intellectual property.

Which of the following is a mark used in conjunction with a service?

[Grooming Dispute] Marcus has a successful dog grooming business called "Bark & Bath." He registered the business name for trademark protection. Jonah noticed how well Marcus was doing and opened his own business called "Bark & Bath II." Marcus is unhappy about Jonah's use of the name. He is also unhappy because Jonah is copying Marcus's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Marcus sues Jonah for trademark infringement based upon the name and the use of the orange bandana. Jonah replies that one reason Marcus should not prevail is that he is involved primarily in the sale of dog grooming products while Marcus is involved in the grooming of dogs. Jonah claims that his use of the orange bandana is very rare because he does very little grooming. Jonah also defends on the basis that actual confusion among consumers does not exist. Marcus insists that he should prevail and notes that he is considering expanding into the product sales area. -The question of whether Marcus intends to expand into the area of dog grooming product sales is relevant to which concept in a consideration of trademark infringement?

Argile has worked for three years to reverse engineer a process of making an over-the-counter pain-killer. Zetena Pharmaceuticals sues Argile for violation of trade secrets under their state's law. Will Zetena win?

A trademark is a ________ that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

Trade dress, the overall appearance and image of a product, is not entitled to the same protection as a trademark.

Tomas took a number of wedding photos at Maura's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Maura came to see Tomas three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Maura started a heated argument. She told Tomas that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable. -Regarding Maura's claim that photographs are not subject to copyright protection, which statement is accurate?

A[n] ________ mark identifies a significant characteristic of the product but is not the common name of the product.

Which of the following is a mark affixed to a good, its packaging, or its labeling?

As referenced in the case in the text, Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc., which of the following is true regarding generic terms?

In order to succeed on a claim of trade-dress infringement, what must a party prove?

Which of the following is not one of the four factors that a court evaluates when determining if a defense to the fair-use doctrine applies?

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit. -Saya claims Ramona's patent is invalid because Ramona sold the product before filing her patent application. Is Saya correct?

Shaun has patented a new type of hop plant. A local brewing company would like to use the new type of hop plant in their new beer formula. If Shaun licenses his patent to the new brewing company, he will receive what in exchange for each use of the patent?