Orange Coast CollegeMANAGEMENT 425Chapter 9 Homework

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What factors would a court likely consider to determine whether Anna and Caleb cyberquatted if they choose the domain name wizardforhire.com? a. Who had the name first. b. Whether there would be co ... nfusion in the market as to which company was which. c. Whether the name was so well known that it would instantly be associated with one of the companies. d. All of the above. If the company in California had trademark protection on the name Wizard, could there still be a violation even if there was no confusion about which company was which? a. Yes, because trademark dilution does not require proof that consumers are likely to be confused about a connection between the trademark and the unauthorized use. b. Yes, because trademark infringement does not require proof that consumers are likely to be confused about a connection between the trademark and the unauthorized use. c. No, because the company is in California. d. No, because the two companies do completely different things. Assume that the California company owned the domain name Wizard.com. Caleb changes the name of his company to magicforhire.com. However, to get more traffic to his website, Caleb registers the domain name wizzard.com, which is a common misspelling of the domain name. Caleb may be accused of: a. adsquatting. b. typosquatting. c. spellsquatting. d. cybersquatting. If Sophia invented the secret recipes that Jack wants to keep, but invented them at the restaurant during work, who would own any intellectual property rights in the recipes? a. Sophia, since she invented them. b. Jack, since it was at his restaurant. c. Jack and Sophia would own them jointly. d. There is no intellectual property protection available for a recipe. If Jack were to have shared the secret recipes with friends during his ownership of the restaurant, could he still claim that they are trade secrets? a. Yes, since he owns the recipes, he can do with them as he pleases. b. Yes, as long as the recipes are never widely published. c. Yes, as long as the secret recipes are not used by other restaurants. d. No, once the secret recipes are divulged to a third party, it is no longer a trade secret. Assume that there is trade secret protection for the recipes, how long would that protection last? a. Ten years b. Twenty years c. For the life of the inventor, plus twenty years d. Forever, as long as the recipes are not revealed to others 1.Jeff decides to register the domain name nikeshoes.com in order to drive traffic to his shoe resale website. Nike can sue Jeff for: a. cybersquatting. b. deceptive advertising. c. domain name infringement. d. theft of trade secrets. 2.A shoe company makes shoes and puts the Nike logo on them without permission, this action is known as: a. counterfeiting. b. decertification. c. copyright infringement. d. nuisance. 3.Suppose a team of artists who work for Disney draw The Mickey Mouse Club television program and Disney owns the copyright. The length of the copyright is: a. 21 years. b. 50 years. c. 70 years. d. 95 years. 4.If Mercy Enterprises steals a commercial trade secret from Starship Clothing, there may be criminal prosecution under the: a. Federal Trade Secrets Act. b. Economic Espionage Act. c. Trade Secret Protection Act. d. American Economic Data Act. 5.Susan invents a mobile phone app to track the spending of an individual. If she wants to protect the intellectual property she should file for a: a. trademark. b. patent. c. copyright. d. trade secret 6.Abby develops a unique health drink mixer with an accompanying operating manual. She should apply for a. copyright protection for the mixer and manual. b. a patent for the mixer and trade secret protection for the manual. c. trademark protection for the mixer and copyright protection for the manual. d. a patent for the mixer and copyright protection for the manual. 7.A trademark filed for "Starbucks shoes" by someone other than Starbucks coffee will most likely be a. denied based on the likelihood of confusion or dilution. b. denied because a patent should've been filed first. c. granted because of the Fair Use doctrine. d. granted, as there is no likelihood of confusion because coffee is much different than shoes. 8.Chauncey's Cheesecake Cabin award winning cheesecake recipe is kept in an unlocked glass box located in the middle of the store's lobby. The box is roped off with and has a sign that says "Here lies Holy Grail to Perfect Cheesecakes – Touch at your own risk!". When the recipe is secretly taken out of the glass box and published online by a customer who took the risk, Chauncey sues. The customer's best defense is: a. The recipe is barely legible and very difficult to follow. b. The 70 years of protection under trade secret law has expired, so it is available to the public in any event. c. Chauncey's did not take reasonable steps to protect the secret from disclosure. d. The recipe did not contain adequate baking instructions. 9.Lucy is a professor of music and frequently makes use of current music in her theory lectures to promote creativity within the music school. If Lucy does not have permission from the artist to use the music in a public forum, a. she will be liable to the artist for the unlicensed use of the materials b. she can rely on the fair use doctrine because she is teaching. c. she cannot be sued, unless she obtained her copy as a result of file sharing. d. she and her students will have to pay royalties to the artist. 10.Bella owns a successful business selling baby strollers. She applies for trademark protection for her business name – "Bella's Baby Bikes". A trademark will likely: a. Not be granted because the name is too generic and is descriptive. b. Not be granted because the name "Bella" will cause confusion in the marketplace. c. Will be granted because the name is arbitrary and fanciful. d. Will be granted because her business is incorporated with the same name. 1.OBX-Stock created OBX as an abbreviation for the Outer Banks of North Carolina and obtained trademark registration for OBX for a range of goods that it and other businesses sold. In practice, the trademark "OBX" was widely used by many businesses selling souvenirs and merchandise in the Outer Banks. One company, Bicast, began to sell stickers printed with "OB Xtreme." OBXStock sued Bicast for trademark infringement. At trial, the district court held for Bicast, finding that OBX was either a generic mark or a descriptive mark without secondary meaning and so was not valid. OBX-Stock appealed. Which of the following would best legally support OBX-Stock's claim of trademark infringement? a. OBX-Stock had a clear secondary meaning in consumers' minds, making it an enforceable trademark even if it might have been geographically descriptive. b. OBX-Stock never attempted to associate the geographically descriptive abbreviation for Outer Banks with its products or itself, but rather with the Outer Banks. c. OBX-Stock has been successful in making money by selling products with the OBX letters affixed to them. d. OBX-Stock affixed the letters OBX to stickers, souvenirs, and other sundries not to label an OBX brand product produced by OBX-Stock, but to indicate an association with the Outer Banks. 2.Beacon Mutual Insurance Company sold insurance in Rhode Island under its name and also under the marks Beacon Insurance and The Beacon. It uses a lighthouse logo. A competitor changed its name to OneBeacon Insurance Group and used a lighthouse logo. Beacon sued OneBeacon for infringement. What evidence would you advise Beacon Mutual to present to the court in order to prevail against OneBeacon Insurance Group? a. OneBeacon is a direct competitor of Beacon Mutual in the Rhode Island market for workers' compensation insurance. b. The use of the name and lighthouse did not create a substantial likelihood of confusion, and the market share for insurance products is not the same. c. That there were 249 instances of confusion between the two companies in the sixteen months following OneBeacon's adoption of its current name involving misdirected premium checks, claim forms, medical records, and legal correspondence. d. The injury incurred by the non-infringing party must be commercial in nature resulting in lost sales. 3.Milano worked for the Reality TV Network. During conversations with network executives, she proposed a concept for a reality television series called "From Fat to Phat," which had contestants losing weight. Although Reality TV decided not to pursue her idea, a number of people knew of the idea. A few months later, NBC announced a new show and created a television pilot called, "The Biggest Loser," which was based on Milano's idea. Milano sued NBC and others for infringement of her copyrighted "treatments" for the program and for misappropriation of Milano's ideas. Who should prevail and why? a. Milano will prevail, because she had a protected copyright, even though she did not register it with the U.S. Copyright Office. b. NBC will prevail, because Milano did not work for NBC and NBC was not required to obtain Milano's approval to use her copyrighted idea. c. NBC will prevail because Milano's claim is based on copyright protection of her idea. d. Milano will prevail, because even though she did not have a legally protected copyright, [Show More]

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