Intellectual Property

• Ideas are patented if they are nonobvious novel and useful. T/F

  True
• The grant of a patent is a guarantee that your product or invention will be protected. T/F

  False. The court still decides if the item meets the criteria, even if the Patent Office had approved it.
• Copyrights protect expressions of ideas, but not the ideas themselves. T/F

  True. The expression of the idea is protected.
• Copyrights protect the expressions of ideas for

  1. authors
  2. songwriters
  3. photographers
  4. a and b only
  5. all of the above

  5

  [Note: Copyrights also protect the creators of choreography and movies.]
• A copyright holder has no right to control the reproduction, distribution, public performances, derivative works and public displays of the created work. T/F

  False. The copyright holder has the exclusive right to the work.
• Software can not be copyrighted. T/F

  False.
• Damages for copyright infringement include

  1. Profits made by the infringer.
  2. Contingent costs.
  3. Subliminal costs.
  4. None of the above

  1
• There are no criminal penalties for copyright infringement. T/F

  False
• The artist has no defense in a copyright infringement suit. T/F

  False. It is a parody

  
• This is an example of a...

  1. Trademark
  2. Trade dress
  3. Copyright
  4. Patent

  1

  
• The federal law that gave businesses protection of their trademarks

  1. The Digital Millennium Copyright Act
  2. The Lanham Act
  3. The Trademark Protection Act

  2
• Terms that become generic, such as “aspirin” and “cellophane” may be trademarked. T/F

  False. They are generic and no one can give trademark a generic term.
• Trade secrets must be registered to be effective. T/F

  False. No registration is required.
• The green and yellow color scheme for a sandwich shop is an example of a trademark. T/F (e.g. subway)

  False. It is trade dress.
• Blurring or creating confusion among consumers about the source of a product violates the Lanham Act. T/F

  False. It is the Federal Trademark Dilution Act that would be violated.
• Kendall-Jackson and E.J. Gallo, two of the largest wine producers in California... Kendall accused Gallo of copying the art design of the label to confuse consumers... Kendall lost the case when... ruled that the... wine leaf label is generic. Therefore

  1. Kendall was not entitled to trademark protection
  2. Kendall was entitled to have trademark protection.
  3. The doctrine of generic trademark applies
  4. Both A and C are correct

  4

  Generic names do not receive protection. See the Harley-Davidson case for more about generic terms.