Unit 3 Test Flashcards
(20 cards)
A company creates new technology to streamline the way companies run cash management accounts.
Which kind of intellectual property protection should the company seek for the new technology?
Patent Copyright Trade secret Trademark
Patent
A patent protects an invention or any new and useful process, machine, or useful improvement thereof. The company in the scenario seeks to protect new technology that improves the way companies run cash management accounts. The technology is entitled to patent protection.
Andrea wrote a book with a common storyline of revenge. Three years later, James wrote a book with the same storyline of revenge, but there were no other similarities between the books.
What is the likely outcome if Andrea sues James for copyright infringement?
Andrea will win because the book had copyright protection when it was complete. Andrea will win because James used her storyline without permission. James will win because the book was not registered with the U.S. Copyright Office. James will win because the storyline is common.
James will win because the storyline is common
It is not possible to copyright an idea such as a common storyline.
A songwriter filed suit in federal district court alleging another artist infringed the copyright of the songwriter’s song. The artist’s song is not identical, but a good portion of it sounds similar to the songwriter’s song.
What will happen in this suit?
The songwriter will win because a substantial part of the songwriter's song was reproduced in the artist's song. The artist will win because they did not reproduce the original song in its entirety. The songwriter will win because they registered the original song with the U.S. Copyright Office. The artist will win because their song was not exactly the same as the original song.
The songwriter will win because a substantial part of the songwriter’s song was reproduced in the artist’s song.
If a substantial part of the original is reproduced, the copyright has been infringed.
Which intellectual property protection protects ideas?
Trade secret Trademark Copyright Patent
Trade secret
Unlike copyright and trademark protection, protection of trade secrets extends to both ideas and their expression.
Which type of trademark is “Xerox” in association with the sale of printers?
Descriptive trademark Arbitrary trademark Suggestive trademark Fanciful trademark
Fanciful trademark
Fanciful trademarks use invented words. “Xerox” is an invented word and is therefore inherently distinctive.
What is the strongest type of trademark?
Suggestive Descriptive Fanciful Generic
Fanciful
Fanciful trademarks are the strongest because they are the most distinctive. Trademarks rank in strength from fanciful, arbitrary, suggestive, descriptive, and generic (no protection at all).
Which element is entitled to copyright protection?
Page numbers in a novel Video recording of choreographic work Book of mathematical calculations Encyclopedia
Video recording of choreographic work
A choreographic work is not copyrightable unless it has been videotaped and thus fixed in a tangible medium or expression.
A software company created a new computer program.
Which part of the computer program is copyrightable?
The high-level language of a source code of the program The screen displays of the programs The command structure of the program The general appearance of the program
The high-level language of a source code of the program
Copyright protection extends to the parts that can be ready by humans, such as the high-level language of a source code.
An artist was on social media and saw someone re-creating a piece of their artwork.
Which kind of suit should the artist pursue?
Trademark dilution Patent infringement Trademark infringement Copyright infringement
Copyright infringement
The U.S. Copyright Act protects against the reproduction of original works of authorship.
How may the U.S. Patent and Trademark Office (PTO) help entrepreneurs?
Protect intellectual property Provide financing Register a sole proprietorship Manage risk
Protect intellectual property
The PTO helps entrepreneurs by registering their trademarks and other intellectual property for its protection.
Andrea wrote a book with a common story line of revenge. Three years later, James wrote a book with the same story line of revenge, but there were no other similarities between the books.
What is the likely outcome if Andrea sues James for copyright infringement?
James will win because the story line is common Andrea will win because the book had copyright protection when it was complete James will win because the book was not registered with the U.S. Copyright Office Andrea will win because James used her story line without permission
James will win because the story line is common
It is not possible to copyright an idea such as a common story line.
A company overheard a competitor discussing its plans to start selling a new line of widgets. The company formed a new business with a name similar to the competitors. The company wants to register a trademark name for the new business name in connection with widgets. It is unlikely the company will sell widgets, but it wants to prevent the competitor from obtaining a trademark.
Can the company file an application with the U.S. Patent and Trademark Office?
No, the company cannot file an application with the U.S. Patent and Trademark Office because it is not currently selling widgets. No, the company cannot file an application with the U.S. Patent and Trademark Office because it does not have an intent to sell widgets. Yes, the company can file an application with the U.S. Patent and Trademark Office because it formed a separate business for the trademark. Yes, the company can file an application with the U.S. Patent and Trademark Office to have an advantage against the competition.
No, the company cannot file an application with the U.S. Patent and Trademark Office because it does not have an intent to sell widgets.
A mark can be registered if (1) it is currently in commerce or (2) the applicant has a bona fide intent to put it into commerce within six months.
What does a trademark indicate?
Author of a song Valuable business information Source of a good or service Novel invention
Source of a good or service
A trademark is a word or logo that identifies the source of goods or a service.
Which type of trademark is “Dairy Queen” in association with soft served ice cream?
Fanciful Descriptive Arbitrary Suggestive
Suggestive
Suggestive trademarks indicate something about the product’s nature, quality, or characteristics, without describing the product directly. “Dairy Queen” suggests an association between its products and milk but it does not specifically describe ice cream. This mark requires imagination to make the connection.
What must an invention be in order to be patentable?
An original work of authorship Novel Used in commerce Obvious
Novel
To be patentable, the invention must be novel, useful, and not obvious.
What constitutes fair use?
Copying one paragraph of an unpublished book News reporting A 30-minute movie clip included in a sales pitch One copy of a photo hanging in an office
News reporting
Under the fair use doctrine, excerpts of copyright material may be used for limited purposes such as news reporting without the owner’s permission.
A teacher copied a photo out of a textbook for a lesson. The teacher made 37 copies, one for each student.
Did the teacher infringe on the artist’s work?
No, because the work was reproduced for teaching purposes No, the owner did not register the work with the U.S. Copyright Office Yes, because the teacher reproduced the work without the owner’s permission Yes, because copyright protection begins when the work is completed
No, because the work was reproduced for teaching purposes
Although Gloria reproduced the artist’s work, Gloria is not liable for infringement because she reproduced it for teaching purposes, which constitutes fair use.
Which type of intellectual property protection should a watch company seek for its slogan?
Copyright Trademark Patent Trade secret
Trademark
A trademark is any word, name, symbol, or slogan used to identify the source of a good or service. A trademark protects the brand of a company. Here, a company is seeking to protect its slogan. The name will help consumers identify the seller or source of the watches. The slogan is therefore entitled to trademark protection.
An owner registered a trademark, “The Marq,” with the U.S. Patent and Trademark Office and claims that a company “Thee Mark” is infringing on its trademark.
What must the owner prove?
The owner must prove “The Marq” is registered with the U.S. Patent and Trademark Office. The owner must prove “Thee Mark” creates a likelihood of confusion origin of their goods or services. The owner must prove “Thee Mark” copied, used, or sold its invention. The owner must prove “Thee Mark” acted intentionally.
The owner must prove “Thee Mark” creates a likelihood of confusion origin of their goods or services.
To succeed in a trademark infringement action, the owner must show that the defendant’s use of the mark created a likelihood of confusion about the origin of the defendant’s goods or services.
Which kind of trademark is “Pillows” in connection with comfortable shoes?
Fanciful Arbitrary Suggestive Descriptive
Suggestive
Suggestive trademarks indicate something about the product’s nature, quality, or characteristics, without describing the product directly. “Pillows” suggests an association between its products and comfort but it does not specifically describe shoes. This mark requires imagination to make the connection.
