Law 525: Fundamentals of Intellectual Property Law
1. ________________, ________________, ________________, and ________________ are the four main types of intellectual property.
2. Which is true of common law trademark rights?
A. The rights are created under state law, created through use of the trademark, limited to the geographic area where the trademark is in use, and only exist if registered with the United States Patent and Trademark Office (“USPTO”)
B. The rights are created under federal law, created through an intent to use the trademark, and exist nationwide regardless of whether the trademark is used nationwide or registered with the United States Patent and Trademark Office (“USPTO”)
C. The rights are created under state and federal law, created through intent to use the trademark, and limited to the geographic area where the mark is in use
D. The rights are created under state and federal law, created through an intent to use the trademark, and exist nationwide
E. None of the above.
3. The United States Patent and Trademark Office (“USPTO”) neither enforces nor defends trademark rights, but it enforces and defends copyright rights. (True..or,..False.
4. A copyright owner’s exclusive rights in a work created after January 1, 1978 generally last: (PICK ONE)
A. for a term that will vary depending on various factors
B. for 20 years from the copyright registration date
C. for the life of the author plus 120 years, or in the case of works-made- for-hire or anonymous works for either 70 years from date of first publication or 95 years from the date of creation, whichever is shorter
D. for as long as long as the California legislature determines by statute
E. for the life of the author plus 70 years, or in the case of works-made- for-hire or anonymous works for either 95 years from date of first publication or 120 years from the date of creation, whichever is shorter
5. Which intellectual property right can only arise through federal agency approval or registration?
A. trade secret
B. copyright
C. trademark
D. right of publicity
E. patent
6. Certain inventions may qualify for protection as a trade secret or as a patent. A patented invention cannot be a trade secret. The United States Patent and Trademark Office (“USPTO”) registers trade secrets but not patents. Which of the following is correct about these three sentences?
A.the first sentence is false; the second sentence is true; the third sentence is true
B.all sentences are false
C.all sentences are true
D.he first sentence is true; the second sentence is true; the third sentence is false
7. Adroit, Inc. creates a process that links a consumer’s credit card number with their palm print, thereby allowing the consumer to pay for grocery store purchases—such as Handi Snacks, Butterfingers, Keebler’s Vienna Fingers, and other scrumptious finger foods—merely with a wave of a hand. The process would qualify for trade secret protection if:
A. The process is not independently discoverable; the process is not generally known; Adroit, Inc. undertakes reasonable efforts to keep the process a secret; and the process has economic value from not being generally known to others
B. the process is not generally known; Adroit, Inc. undertakes reasonable efforts to keep the process a secret; the process has economic value from not being generally known to others; and the process reflects the expression of an idea
C. the process is not generally known; Adroit, Inc. makes reasonable efforts to keep the process a secret; and the process has economic value from not being generally known to others
D. the USPTO would grant a patent for the process; the process is not generally known; Adroit, Inc. undertakes reasonable efforts to keep the process a secret; and the process has economic value from not being generally known to others
8. Copyright protects which of the following? Circle all that apply, if any.
A. ideas
B. thoughts
C. creative, expressive works
D. theories and principles
E. pla.giarized.works
F. anything with a © affixed to it
G. anything with a ® affixed to it
9. When a trademark is accompanied by TM and cannot be accompanied by an
®, all of the following are generally true except:
A. the trademark is not registered with the United States Patent and Trademark Office (“USPTO”)
B. the trademark owner can stop counterfeit and infringing goods from entering the U.S.
C. the trademark owner cannot sue for trademark infringement under 15 U.S.C. § 1114(a) (Hint: Check out the statute.)
D. the trademark owner may not have exclusive right to use the trademark throughout the U.S. and its territories
E. the trademark owner’s rights are under state common law, rather than federal law
10. Stoked from her ski trip to Telluride, Colorado over the Martin Luther King holiday weekend, Roxanne launched a ski company, called Downhill Adventure, Inc., that will manufacture skis made entirely out of graphene, a carbon-based material that is super strong and a single atom thick. The company has developed a novel process to produce graphene both safely and cheaply, but the process is no longer a secret after a former employee easily hacked into Downhill Adventure, Inc.’s vulnerable computer servers and took an unencrypted, and non-password protected document painstakingly detailing the process.
Roxanne plans on marketing the skis under the brand name “SkiyaLater,” instead of the company name, Downhill Adventure, Inc. Having won several “Big Air” ski competitions, Roxanne wrote a book on how to use “SkiyaLater” skis on the bunny slopes. She also thought about writing a book about skiing double black diamond extreme terrain, but got lazy, never wrote a single word down, and forever gave up on writing that book.
To ensure her ski company “peaks” in terms of profitability, she has developed a list of potential ski bum customers, pricing schedules, and a non- novel recipe for snowball cookies that consists solely of an ingredient list— all of which she encrypts and password protects in light of the prior hack. She also registered the website Snowski.com, but she does not find it as catchy as “SkiyaLater,” and therefore won’t be using Snowski.com in connection with any skis the company sells. It will solely be an internet domain name. When she asked if anyone in the company knew about intellectual property, “snowbody” responded. “Icy,” she said. She therefore solicited your help.
To assist Roxanne, fill in the blank with the potentially applicable type of intellectual property that best completes the sentence. Choose among the four main types of intellectual property only. If none of the four main types of intellectual property could potentially apply, complete the blank with “Nothing.”
______________ could potentially protect the “SkiyaLater” brand.
______________ could potentially protect Roxanne’s book about skiing on bunny slopes.
______________ could potentially protect the book Roxanne thought about writing on skiing double black diamonds, but did not.
______________ could potentially protect the business name, Downhill Adventure, Inc.
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______________ could potentially protect Snowski.com
______________ could potentially protect the list of potential ski bum customers, pricing schedules, and the non-novel recipe for snowball cookies that merely consists solely of an ingredient list.
_______________ could potentially protect the novel process that produces graphene both safely and cheaply.
______________ could potentially protect the list of potential ski bum customers, pricing schedules, and the non-novel recipe for snowball cookies that merely consists solely of an ingredient list.
______________ could potentially protect Roxanne’s verbal, punny joke (i.e., when she said “Icy” in response to asking whether anyone in the company knew about intellectual property).
