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Exam 24: Intellectual Property

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Question 1

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Name the five factors that courts use to determine whether certain material constitutes a trade secret.

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The courts examine (1)the extent to which the information is known outside the claimant's business; (2)the measures taken by the claimant to maintain the confidentiality of the information; (3)the value the information has to competitors; (4)the amount of time and/or money invested to develop the information; and (5)the efforts made to maintain trade secret confidentiality among the claimant's employees and third-party vendors.

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Suggestive trademarks gain trademark protection only if they have acquired a secondary meaning.

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A professor at your school has discovered that if certain music is played in the background during lectures,the room is lit to a particular level,the temperature is maintained at a particular level,and the professor speaks within a particular tonal range,students understand and retain the information presented at an astonishing 84 percent higher rate than students hearing the same lecture without these conditions.The professor has even created a machine that converts the professor's voice to the tonal range required.The school has been advertising that this process will be implemented in all classrooms,and freshman applications have more than tripled.Is this process protectable as a trade secret,and if so,how effective will the protection be?

"Uber" is an example of a[n] _______ trademark.

Which of the following is not an example of a trademark lost,or in danger of losing protection,due to its becoming a generic term?

Each of the following is considered trade dress except

Your school is embarking on a new advertising campaign and has started using the tagline "The Rolls-Royce of Higher Education." If Rolls-Royce is a registered trademark,can your school be liable for trademark infringement or trademark dilution?

The rule of addition applies when someone creates a replication of an item already patented but adds some sort of extra feature or improvement.That new extra-feature item will not be considered a patent infringement.

Why are trademarks worthy of protections as valuable business assets?

When an invention is shown to be new and unique,the invention has met the _______ standard.

Professor Patty is very distraught that three students in her class cannot afford to buy the 1- chapter book for the course.The book is used for two semesters,although not all students take the second semester.She finally tells the three students that she will make copies of the first 21 chapters for them,at no charge.Professor Patty makes the copies and gives each chapter to the students prior to her coverage of the relevant chapter in class.If Professor Patty is sued for copyright infringement

Zippo's is an online retailer of men's and women's clothing and fashion accessories.Zippo's maintains a list of its customers and its customers' preferences.This list could qualify as a trade secret.

Mike has been hired by a publishing company to write a companion book for a particular text sold to college students.In 2010,Mike completes the companion book,and he signs over his copyright to the publisher.The publisher actually publishes the book in 2013.When will the publisher's copyright run out and expire?

When a copyright owner can prove that she or he has legal ownership of the work and that the infringer copied the work without permission,this is called _______ infringement.

The only way to obtain protection for a trademark is by registering the trademark with the U.S.Patent and Trademark Office.

When a trademark has become representative of a broad type of products as opposed to being descriptive of a particular brand,the trademark has become _______ and the holder has lost the right to enforce the mark against competitors.

Depending on the jurisdiction,computer software programs may be afforded protection under either copyright law or patent law.

Martin is an intern working for Tennessee Fried Chicken (TFC) ,an international company with over 1,000 franchised restaurants throughout the United States and in 21 other countries.TFC heavily advertises on television and in various print media that its chicken is superior due to its blend of "42 secret herbs and spices." Many have tried to duplicate the recipe unsuccessfully,and burglars have even been caught trying to steal it.One day Martin is called into the president's office for an assignment,and during their conversation,the president leaves the room,leaving Martin alone.Martin notices that the wall safe is open and looks inside,where he sees an envelope labeled "THE RECIPE." He opens it and finds that it is the list of the 42 secret herbs and spices,along with quantities and order of use.He quickly makes a copy of the recipe and returns the envelope to the safe.That afternoon,he calls Bluto's Fried Chicken,a TFC competitor,and informs Bluto's of the information he possesses,and they arrange a meeting.If Martin sells the recipe to Bluto's,who,if anyone,would be guilty of misappropriation?

Name the factors looked at by courts in applying the Polaroid test to determine whether trademark infringement has occurred.

Igor is a brilliant chemist and one day decides to try to find out why Whipple Iced Tea tastes so good.Whipple advertises that it blends secret spices into its drink,and those secret spices are a closely guarded secret.The recipe is stored in a safe that is kept in a vault at the home office and is guarded by two former Special Forces soldiers at all times.Igor,after weeks of analysis,has discovered the recipe.Igor is guilty of misappropriation of the Whipple trade secret.