Q&A Hero

Q: Monster.com, a job search website, is an example of a collective mark.

Q: Recreating, through legitimate means, the same information that another considers to be a trade secret is still considered misappropriation.

Q: Employers can only enforce a covenant not to compete if they can show a valid business purpose for doing so.

Q: An injunction is an order by a judge either to do something or to refrain from doing something.

Q: Although there are civil penalties for stealing trade secrets, no criminal penalties exist at this current time.

Q: Misappropriation occurs when one discloses information that one was under a duty to keep secret, even if the original acquisition was proper.

Q: To protect knowledge or information as a trade secret, the business must prove that it took special and extraordinary measures to keep that knowledge and information secret.

Q: The justification for intellectual property is the same as for the private property system.

Q: If the protection of intellectual property rights did not exist, the pace of research and development (R&D) in business would likely be enhanced.

Q: The protections of property often do not apply automatically to ownership of intangible knowledge resources.

Q: Once information is in the public domain, an intellectual property right can be applied to recapture it.

Q: To qualify as a trade secret, the knowledge protected must have economic value.

Q: What defenses can a defendant use to win a trademark infringement lawsuit?

Q: Discuss the Federal Trademark Dilution Act.

Q: How does the law deal with cases where people attempt to register domain names containing well-known trademarks that do not belong to them?

Q: Discuss the developments internationally to protect intellectual property rights.

Q: What is secondary meaning?

Q: How does the PTO determine that the proposed trademark is not similar to or owned by someone else?

Q: What is an infringement?

Q: The Coca-Cola Co. has restricted employees at soda fountains to offer another soda when a customer asks for a "Coke". Why?

Q: What does it mean for a trademark to become generic? Give some examples of trademarks that have become generic.

Q: Discuss the various types of trademarks.

Q: Explain in brief, the issue surrounding the patenting of genes.

Q: What are trademarks?

Q: What constitutes patentable subject matter according to the patent statute?

Q: Explain the patent obtaining process.

Q: Discuss the subject matter of a patent as a way of testing the validity of a patent.

Q: Discuss patent trolls.

Q: What is a trade secret and what must a company do to have enforceable rights to protect a trade secret?

Q: How does the law define misappropriation in case of trade secret violation?

Q: What is an injunction?

Q: Can misappropriation trade secrets account for criminal prosecution?

Q: Explain the characteristics an invention should have to be patentable. To be patentable, it is not enough for something to be appropriate subject matter. An invention must also have certain characteristics. Namely, it must be novel, nonobvious, and useful. An alleged infringer can always defend against an infringement lawsuit by proving that the patent is invalid because the invention is previously known, obvious, or lacks utility.

Q: A. inventors. B. authors. C. merchants. D. builders. E. retailers.

Q: _____ is a form of expression that criticizes by poking fun at something through exaggeration. Parody B. Fair use D. Misrepresentation E. Infringement The fair use being considered concerns parody, a form of expression that criticizes by poking fun at something through exaggeration.

Q: A. It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services. B. It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith." C. It prevents circumvention of access protections for such products. D. It prohibits you from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill. The act prevents the production, marketing, or sales of a product or service designed to circumvent technological protections of computer software, videos, and compact disks.

Q: A. consequential damages. B. actual and punitive damages. C. actual damages and injunction. D. double actual damages. E. compensatory damages. Violations of the DMCA permit civil remedies, including injunction, actual damages, and statutory damages.

Q: It has been estimated that intangible assets represents a significant portion of the total assets of many large U.S. companies. Name some of the different intangible assets that businesses might possess.

Q: The Berne Convention addressed international agreements in the area of:

Q: A. royalty. B. permission. C. authorization. D. reparation. E. commission. As a result, U.S. publishers felt free to publish the works of foreign authors without permission or the payment of fees called royalties.

Q: B. The work must show some sort of creativity. C. The work must be fixed in a tangible medium. D. The work may be an intangible original idea. E. The work must be an expression, rather than an invention. The work must be fixed in a tangible medium of expression like a book, canvas, compact disk, hard drive, or flash memory.

Q: Which is not an allowable "fair use" of material? A. Teaching B. Research C. Profits D. Reporting E. Criticism

Q: In determining whether a particular use is a fair one, a court will consider which of the following?

Q: The Anti-Cybersquatting Consumer Protection Act of 1999 provides damages and a transfer of a ________ trademark domain name to its owner if it was registered in "bad faith". A. fair use. famous. D. title. E. profitable The Anticyber-squatting Consumer Protection Act of 1999 provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith."

Q: The fair use of a registered trademark defense was established in the: A. Lanham Act. B. Federal Trademark Dilution Act. C. Economic Espionage Act. D. U.S. Constitution. E. Consumer Protection Act.

Q: Which of the following acts protect a "famous" trademark, even if the owner is unable to prove that the public is confused by another's use of a similar mark, and provides the owner with the infringer's profits, and actual damages? A. Lanham Act B. Consumer Protection Act C. Patent Act D. Intellectual Property Act E. Trademark Dilution Act

Q: What are compensatory damages?

Q: Which of the following is a defense to a charge of trademark infringement? A. The statutory period protecting the trademark has expired. B. There is a good chance of the public being confused. C. The use is for commercial, profitable use. D. The mark is not distinctive. E. The mark or symbol is considerably different.

Q: Civil violation of a trademark or a patent is termed _____. A. breach B. infringement C. repudiation D. copy E. intellectual theft

Q: When the public is confused as to whether a term refers to a particular product/service or refers to a general class of products/services, the trademark is said to have become _____. A. infringed generic D. distinctive E. substituted A trademark is most likely to become generic (1) when an owner does not defend against unauthorized use and (2) when the public becomes confused as to whether a term refers to a particular product/service or refers to a general class of products/services.

Q: When does a strict products liability arise?

Q: What is the dram shops act?

Q: When are punitive damages applicable?

Q: Peter was riding his motorcycle when he ran into a pothole on the highway and met with an accident. He decided to sue the contractor and the department responsible for building roads for the harm caused to him. Discuss the case.

Q: Regarding strict products liability, name and explain the two types of product defects that give rise to liability.

Q: Explain the doctrine of comparative negligence.

Q: Hagrid and Steward met with an auto accident, which severely injured both parties. The cause of the accident was Hagrid's over speeding and drunken state. Discuss which tort will Hagrid be held liable for, and the damages that Stewart is entitled to.

Q: Explain willful and wanton negligence.

Q: What is proximate cause and how does it affect liability for negligent conduct?

Q: How does injurious falsehood differ from defamation of character? Injurious falsehood consists of the publication of untrue statements that disparage the business owner's product or its quality. As a cause of action, injurious falsehood is similar to defamation of character. It differs, however, in that it usually applies to a product or business rather than character or reputation. The requirements of proof are also somewhat different. Defamatory remarks are presumed false unless the defendant can prove their truth. But in disparagement cases the plaintiff must establish the falsity of the defendant's statements. The plaintiff must also show actual damages arising from the untrue statements.

Q: A student drove a rental car into Mexico although the lease specifically prohibited cross-border driving. The car was destroyed in an earthquake while it was parked in a parking lot in Mexico City. Discuss the rights of the rental company in this case.

Q: Discuss how some torts are crimes, while some are not.

Q: Explain the tort of false imprisonment.

Q: Explain the tort of trespass.

Q: A journalist of an entertainment magazine enters the home of a celebrity without prior permission in the absence of the celebrity. He searches the house for personal information that would not have been published till now, and that can be his big story for the upcoming issue. The next month, the celebrity reads the article published about his personal life, and sues the journalist for defamation. Considering that the facts published by the journalist are true, analyze how the celebrity can bring a successful lawsuit against the journalist and the magazine.

Q: Hickory and Ian had been business partners, but have now separated due to a disagreement. Ian, with an intention of taking revenge, spreads rumors about Hickory being a cheat and an unreliable business partner. Analyze how Hickory can sue Ian for spreading rumors.

Q: A man opening a small business, while applying for a loan, intentionally omits the fact that he declared bankruptcy recently and still has bad debts. The bank makes the loan based on the information provided by the man. What type of tort is committed by the man?

Q: Drake Co. has been trying to convince the employees of Thaproban Lt. to break their contracts with Thaproban and join Drake. Drake has offered the employees an attractive salary and is doing so to create internal problems for Thaproban Co. Discuss which tort can Drake be held liable for.

Q: Tracy worked as the personal assistant to James, the marketing head of Hector Co. James had proposed marriage to her, which she turned down. An angry James burdened Tracy with a lot of work, humiliated her in meetings, and made offensive advances that made her feel uncomfortable. Tracy became anxious and worrisome, which resulted in constant headaches, and rising blood pressure due to stress. Eventually, James fired her based on inefficiency. Tracy decides to file a lawsuit against James for the humiliation he caused her. Discuss on what grounds Tracy can recover damages from James.

Q: In a fit of a store manager hits a customer with a wrench. Discuss the suit the customer can file against the store manager.

Q: Discuss the difference between assault and battery.

Q: Punitive damages are also called _____ damages. A. exemplary B. compensatory C. medical D. extensive E. contributory

Q: Which of the following is true of punitive damages? A. Juries award punitive damages to all cases tried and proven for negligence. B. The key to award punitive damages is the degree of suffering by the plaintiff. C. Punitive damages are awarded if the motive of the defendant is proved to be malicious or fraudulent. D. They are also called complementary damages. E. They are awarded only in the case of assault.

Q: Suppliers of defective parts can be prosecuted on the basis of _____. A. assumption-of-the-risk B. trespass C. compensatory negligence D. assault E. strict products liability

Q: Which of the following defenses used in the case of strict product liability states that the product met the prevailing industry standards at the time of its manufacture? A. State-of-the-art B. Statute of repose C. Contributory negligence D. Comparative negligence E. Assumption-of-the-risk

Q: A statute of _____ specifies a period of time following a product sale after which a plaintiff would lose their right to bring a law suit for product related injuries. A. repose B. repast C. repentance D. reproach E. reform

Q: The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called _____ acts. A. contributory negligence B. dram shop C. conversion D. false imprisonment E. statute of response

Q: In the case contributory negligence, the defense of _____ arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another. A. cause in fact B. statute of repose C. comparative negligence D. assumption-of-the-risk E. contractual obligation

Q: Antonio and Fred were playing soccer when Fred accidently kicks Antonio's shin instead of the football during a pass. Antonio is seriously injured and will not be able to play for at least six months. If Antonio sues Fred, which of the following defenses can Fred use? A. Cause in fact B. Assumption-of-the-risk C. Statute of response D. Strict liability E. False imprisonment

Q: Which of the following terms represents the legal responsibility for injury-causing behavior that is neither intentional nor negligent? A. Strict liability B. Battery C. Assumption-of-the-risk D. Comparative fault E. Cause in fact