Ch. 8: Intellectual Property Rights

***More than two hundred years ago, the Declaration of Independence recognized the importance of protecting creative work.

***A famous trademark may be diluted only by the unauthorized use of an identical mark.

States do NOT have trademark statutes

***Trademarks may be registered only with the federal government

***A service mark distinguishes products used by those in public service

Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine trademarked goods.

A trade name can be protected under the common law, but only if it is unusual or fancifully used.

***A license permits the use of another's intellectual property for certain purposes

A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.

***With a few exceptions, almost anything is patentable

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

For an infringement of copyright to occur, the reproduction must be exactly the same as the original.

***An exception to liability for copyright infringement is made under the "fair use" doctrine.

All aspects of software are protected by copyright law.

Technology has limited the potential for copyright infringement via the Internet.

Protection of trade secrets extends both to ideas and to their expression

Production techniques are not trade secrets.

The theft of trade secrets is a federal crime.

Under the Madrid Protocol, a company can register its trademark in more than one country with a single application

Under the Anti-Counterfeiting Trade Agreement, member nations are required to establish border measures that allow officials to search commercial shipments of imports and exports for counterfeit goods.

***Savory Bean Company makes and sells a sweet espresso coffee beverage under the name "Sugar Sugar." Tropic Roast, Inc., later markets a similar drink under the name "Sweet Sweet." This is most likely

***Effervescent Egg Cream Company's trademark is used by Fizzy Drinks without its owner's permission. Fizzy's use of the mark is actionable provided that

In 2014, Cloud Computing Corporation registers its trademark as provided by federal law. After the first renewal, this registration

***Gold & Sweet Company bottles and sells maple syrup from its plant in Vermont. On the labels is a logo that states "100% Genuine New England Maple Syrup Certified by the Northeast Maple Syrup Harvesters Association." This logo is

***Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her character's name as

René operates The Spicy Chocolatier Café chain of restaurants. "The Spicy Chocolatier Café" is

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

***Odell invents "Profits Unbound," new stock-trading algorithm software, and applies for a patent. If Odell is granted a patent, his invention will be protected

GreatGro, Inc., makes genetically modified seeds with properties that are identical to Hearty Harvest Corporation's patented seeds, without Hearty Harvest's permission. This is most likely

NoGas, Inc., designs and makes a non-fuel propulsion system that copies parts of Omni Momentum Corporation's designs without Omni's permission. This is most likely

***In 2014, Kelly writes Like the Wind, a novel about marathoners and ultramarathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly's work is protected

Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by

***Milo publishes a book titled No Equals, which includes a chapter from Paige's copyrighted book Olympic Champions. Milo's use of the chapter is actionable provided that

Giancarlo copies Hedrick's book, Information Free, in its entirety and sells it to Justice Fair Books, Inc., without Hedrick's permission. Justice Fair publishes it under Giancarlo's name. This is

***Kamal reproduces Lorena's copyrighted work "Musica" without paying royalties. Kamal is most likely excepted from liability for copyright infringement under the "fair use" doctrine if

Damien buys a copy of the book Exchange. Later, after reading the book, Damien sells it to his sister. Under the first sale doctrine, Damien's sale of the book is

The idea for "Prices & Profit," an app that businesses can use to control their revenue, profits, and payrolls, is protected by

Robyn, an employee at Social Media, Inc., is laid off. Before he leaves, he e-mails Social Media's marketing campaign to Tweets & Trades Corporation, Social Media's competitor, without permission. This is

Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if

Siri downloads and sells, in international markets via the Internet, e-textbooks without the authors' or publishers' permission. The international treaty that applies to pirated copyrighted works being distributed via the Internet is