Quiz 3 Flashcards
Which of the following is not eligible for immediate trademark protection?
Descriptive trademarks
Mike has written a novel. When, if ever, would Mike’s novel be copyright protected?
The novel is copyrighted automatically after completion
Valentino patented a new and unique manufacturing process that his corporation used. This is known as a:
Utility patent
A national discount chain has a well known name. A local department store opens with a name that has the same pronunciation as the name of the national discount chain and is spelled differently by only one letter. The local store derives its name from the name of its owner. The local store has most likely
infringed upon another business trademark
What is a trademark?
Something that identifies the source or origin of goods
Farzan, who is from Afghanistan but now lives in the United States, has written his autobiography. He wrote it in Dari, his native language. Gord, who served as a military linguist in Afghanistan, reads the book. He is very impressed with it, and thinks it deserves to be published for a wider audience. Without getting Farzan’s permission, Gord translates excerpts and gives them to a friend who publishes them in a regional arts and cultural magazine he edits. No money is paid for the translation or publication. Is this copyright infringement?
Yes, because Farzan did not give his permission
Irving’s Rib Shack is a regional chain of barbecue restaurants. They have a long-standing policy that the recipe for their signature barbecue sauce is not to be made public. What type of intellectual property protection keeps the recipe secret?
Trade secret
Jose has written an article on cybersecurity that he hopes to have published. He gives his friend Geena a copy, asking for her feedback. Geena likes the article so much that she puts a copy of it on her company’s website. The posted copy gives Jose full credit as the author. Has Geena infringed on Jose’s copyright?
Yes, because Jose did not give his permission for the publication
Yusuf has invented a device that plays with cats while their owners are away. The device is a small dot of laser light that starts to move at random intervals during the day. He receives a patent for his invention. Steven buys one of the devices for his cat and decides he can improve it. He makes some adjustments so that two dots of light appear. Can Steven get a patent for his invention?
No, because it is not non-obvious
Irving’s Rib Shack has expanded its beer offerings to include Verschwitztbrau, a trendy local microbrew. The restaurant puts a sign in the window that says “Now Serving Verschwitztbrau on Tap!” The lettering on the sign is painted in blue, one of the colors used on the Verschwitztbrau label. The Verschwitztbrau Brewery claims that the sign infringes on their trademarks. Is the sign trademark infringement?
No, because it merely states the name of the beer being served
Jamie found some U.S. government agricultural pamphlets that her father bought several years ago. The government is no longer publishing these particular pamphlets, but Jamie believes a lot of farmers would still find them useful. She scans the pamphlets and makes them available for free on her website. Is Jamie infringing on the copyright in the pamphlets?
No, because the pamphlets are in the public domain
In the late 1940s, the Borzoi Beverage Company used the slogan “It’s a Real Ring-Dinger!” to sell soft drinks. The company stopped using the slogan in 1952 and has never used it since. The registration for the trademark was not renewed. Last month, Tyler saw an old magazine with a Borzoi Beverage ad that used the slogan. He was much amused by it and has decided to use it as the slogan for his new custom bicycle business. Borzoi Beverage is still in business and sent a letter to Tyler advising him that they regarded this as trademark infringement. Is Tyler infringing on the Borzoi trademark?
No, because the trademark in the slogan was abandoned
The Excellent Toy Company has reached an agreement with a movie studio for a line of toys that ties in with the studio’s next film for children. Developing the toys mean that employees of Excellent have to see the movie long before it is released, and the advertising campaign associated with the toys is done secretly. All of the employees of Excellent who know about the campaign sign agreements that everything about the movie, the toys, and the advertising campaign is a trade secret. The movie is to be released on September 1, and the advertising campaign will start on August 1. How long will the information learned continue to be a trade secret?
Until August 1
What is a design patent?
A patent that protects the ornamentation or decoration on a product
Maggie borrows a video camera from her school’s audio-visual lab. She uses it to take a video of some migrating geese. As she is shooting, Maggie says into the camera’s microphone “This video is brought to you by Maggie Zimmerman.” She adds nothing else to the video. Who owns the copyright to the video?
Maggie, because she created the video
Ramona has published a memoir about her service as an Army nurse in Vietnam. Julius, a writer of historical fiction, writes a novel about military nurses in Vietnam using Ramona’s memoir as a source for historical details. Julius does not use Ramona’s name in his novel. Is Julius infringing Ramona’s copyright?
No, because historical facts cannot be copyrighted
Karl is a linguist turned brewer. In order to make some point about semantics, he starts brewing a beer he calls “Wine.” After selling the beer in his brewery taproom, he applies to register “Wine” as a trademark for his beer. Will his application for registration be granted?
no, because wine is deceptively descriptive in this situation
What is “trade dress?”
The total image of a product
La Cuerda Cigars has registered its trademark in the slogan “Smoothly Satisfying,” and it has used the slogan to advertise its cigars for over 40 years. Har-Dee-Har Graphics, a maker of novelty posters, makes a poster that shows a hand holding a marijuana joint with the caption “Smoothly Satisfying.” Is this trademark infringement or trademark dilution?
it is both dilution and improvement
Paula is a high school mathematics teacher. She wants to teach six of her more advanced students the basics of knot theory. To start, she plans to show her students how to tie some ornamental knots. Paula copies some pages from a book on knot-tying to hand out to her students. The book is copyright protected. Has Paula infringed on the book’s copyright?
No, because the copying was fair use.
Charlie, a well-known guitarist, published an instructional manual for his distinctive style of playing in 1976. He thought he would only sell a few copies through his music store, so he didn’t think to put a copyright notice on the manual. Charlie died in 1999. How long will his copyright last?
The manual is in the public domain.
Alma and Winnie have developed an algorithm that they believe can be used to detect skin cancer. Can they get a patent on the algorithm?
No, because an algorithm is a mathematical formula and cannot be patented
Luis and Reynaldo are biochemists for Asclepius Pharmaceuticals, working on the development of a new treatment for anxiety. One evening, they have dinner in a local restaurant. Their conversation is about the recent success of the clinical trials of the new treatment, and their certainty that the FDA will approve it for sale. Because they wish to be discreet about a public conversation, they speak in their native Spanish. Their server Demarco gives them no indication that he is fluent in Spanish and a pharmacology student, and he can understand every word they are saying as he waits on them. After they leave, Demarco calls his partner Tia and tells her to invest all the money she can scrape together in Asclepius stock. Has Demarco misappropriated a trade secret?
No, because Demarco overheard the conversation through no effort of his own
What is the “first sale” rule?
It provides that the owner of a lawfully purchased copy of a copyrighted work may resell it without infringing on the copyright.
Which of the following state types of trademark examples for 1) fanciful, 2) arbitrary, and 3) suggestive trademarks:
All of the above
Clark has ordered a prescription to be delivered from Bruce’s pharmacy. Clark’s house is just a block off the usual route that Dick, Clark’s assistant, drives home, so Bruce asks Dick to deliver the prescription on his way home after work. While Dick is on his way to Clark’s house, he hits and injures Peter, a driver who was parking his car. Is Bruce liable for Peter’s injuries?
Yes, because Dick was acting at Bruce’s request to make the delivery
Wanda is a teller at The Commerce Bank. A regular customer, Oscar, complains the Wanda’s boss that Wanda is sometimes grouchy when she waits on him. Wanda’s boss gives her a verbal reprimand. The next time Wanda sees Oscar in the bank, she suddenly punches him in the face, shouting, “You want grouchy, I’ll give you grouchy!” Oscar sues the Commerce Bank, alleging that the Bank is vicariously liable for Wanda’s actions. Can he also bring a claim for negligent retention?
No, because Commerce Bank probably did not know Wanda had violent tendencies
Geri is away from her office when Jacqui wheels a dolly carrying several boxes of paper into the room. Jacqui tells Dean, the receptionist, that this is the rush delivery that “his boss” ordered earlier that day. In fact, Geri did not order any paper, but Jacqui is just scamming various offices with this trick. Dean does not know what to do, but fearing Geri’s reaction if it should turn out the paper was needed for an emergency, accepts the delivery. He signs a receipt that promises payment the next day. Geri never gets around to sending the paper back, but ends up using some of it. Is Geri liable for the cost of the paper?
Yes, because Geri accepted the benefits of Dean’s actions
