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Question 1

What is a patent?

Answer 1

Monopoly granted by the federal government for a limited period of time

Question 2

What is the period of time that most patents run for?

Answer 2

17 years

Question 3

What is a patent meant to do?

Answer 3

Encourage inventions

Question 4

What must your idea be in order to get a patent?

Answer 4

Novel and inventive, not an extension of prior art, and the knowledge can’t have already been part of the public domain

Question 5

What happens to a patent after 17 years?

Answer 5

The knowledge becomes available to the public

Question 6

What are copyrights?

Answer 6

Federally granted right for authors of original works

Question 7

Who can get a copyright?

Answer 7

People that originate original works

• authors
• creators
• composers
• painters
• photographers

Question 8

How long does a copyright last for?

Answer 8

The author’s life +70 years

Question 9

What is a trade secret?

Answer 9

Any info that has economic value that can be used to economic advantage in the operation of an enterprise

Question 10

What are examples of trade secrets?

Answer 10

Chemical formulas and production techniques

Question 11

If you buy someone’s product and figure out their secret to making it, is that considered tortious breach of trade secrets?

Answer 11

No

Question 12

What is trademark infringement?

Answer 12

When a symbol or device with enough similarity creates confusion/likelihood of confusion with potential customers

Question 13

What is an example of a trademark infringement?

Answer 13

If you sell soup with a red and white label and brand it “Camp’s Soup”

Question 14

What is trademark dilution?

Answer 14

Anything that blurs the unique standing of a recognized brand

Question 15

What is an example of trademark dilution?

Answer 15

Calling a restaurant Tiffany’s

Question 16

What is injurious falsehood?

Answer 16

A false statement made to another by the defendant that causes economic injury to the plaintiff

Question 17

What kind of property is included in injurious falsehood?

Answer 17

Real property, personal property, tangible property, intangible property, goodwill of the business, etc.

Question 18

What are the elements of injurious falsehood?

Answer 18

• false statement by D
• publication
• statement disparages business/property/financial interests of P
• intent
• causation
• damages

Question 19

How do you prove that a statement is disparaging for injurious falsehood?

Answer 19

If it is reasonably likely to discourage others from dealing with the plaintiff or interferes with plaintiff’s relations with others disadvantageously

Question 20

What is trade libel?

Answer 20

Statements that are derogatory of the plaintiff’s business or the manner in which it is conducted

Question 21

If a city put someone at an intersection to hold up the stop sign every time a train crosses the road for 20 years, what has the city assumed?

Answer 21

Duty to aid drivers, and drivers came to rely on it, so if the sign holder falls asleep then the city has breached its duty

Question 22

What are laches?

Answer 22

Defense when the plaintiff:

• sits on his rights too long and unreasonably delays prosecuting his lawsuit
• the delay results in prejudice to the defendant

Then laches will bar the plaintiff’s suit

Question 23

If two answers on the test are very similar, what does that usually mean?

Answer 23

Both are wrong, because the real answer has to be unambiguously right

Question 24

If the answer choice has three answers with an explanation and one without, what is likely the correct one?

Answer 24

The one without because the other answer choices are meant to get you to pick them

Question 25

What is intellectual property?

Answer 25

Rights in intangibles like patents, copyrights, trademarks, and trade secrets