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Question 1
Which of the following would be considered intellectual property?
Correct
Incorrect!
Correct Choice 2 describes a patent. In that case, the owner owns a creation of the human mind as the right to produce and market something that arose from the fact that the original holder of that right was the person or entity who designed the product. Choices 1 and 3 describe ownership interests in real estate, while choice 4 describes ownership of money, which is personal property.
Incorrect! Choice 2 describes a patent. In that case, the owner owns a creation of the human mind as the right to produce and market something that arose from the fact that the original holder of that right was the person or entity who designed the product. Choices 1 and 3 describe ownership interests in real estate, while choice 4 describes ownership of money, which is personal property.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Lisa Simpson writes a thesis that explains why mediocre cartoons can sometimes captivate nationwide audiences as her response to an essay question posed by her teacher at school. A month later, she picks up the Springfield Post-Gazette to find that her essay has been published as a front page article. Does Lisa have a cause of action against the Post-Gazette?
Correct Since Lisa's work is an original written work of which she is the author, she automatically gets copyright protection over the work. It would be advisable for various procedural reasons for her to file her copyright with the federal Copyright Office. However, her work is protected even if she does not do so.
Incorrect! Since Lisa's work is an original written work of which she is the author, she automatically gets copyright protection over the work. It would be advisable for various procedural reasons for her to file her copyright with the federal Copyright Office. However, her work is protected even if she does not do so.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Homer Simpson invents a hammer that hammers nails into a wall with the press of one button and without any further human intervention. As Homer is preparing his patent application, Flanders invents the same device independently. Flanders then begins marketing the device. Can Homer sue to enjoin Flanders from marketing the hammer?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Patent protection requires a formal application and approval by the appropriate federal authority. Without such, there is no patent protection, even if a person invents something new. There is no relevant trademark at issue here. There is also probably no trade secret at issue; though, even if there were, trade secret protection does not protect against another person's independent discovery of the device.
Incorrect! Patent protection requires a formal application and approval by the appropriate federal authority. Without such, there is no patent protection, even if a person invents something new. There is no relevant trademark at issue here. There is also probably no trade secret at issue; though, even if there were, trade secret protection does not protect against another person's independent discovery of the device.
Question 4
Mikey, a new sneaker manufacturer, uses, as its logo, a "swoosh" that looks similar to the one used by its competitor, Nike, for the past several decades. However, Mikey's "swoosh" is slightly narrower and is blue instead of white. Nike sues and asks a court to enjoin Mikey from using this logo. Will Nike be successful?
Correct
Incorrect!
Correct If a logo of one company is 'confusingly similar' to the trademarked logo of another company, it may not be used as it is protected under trademark law.
Incorrect! If a logo of one company is 'confusingly similar' to the trademarked logo of another company, it may not be used as it is protected under trademark law.