BUL 4310 FINAL EXAM COMPREHENSIVE EXAM
QUESTIONS WITH DETAILED VERIFIED AND 100%
ACCURATE ANSWERS BRAND NEW EXAM ALREADY
GRADED (A+ PASS)
Coca Cola Co. v. The Koke Co. of America case Ans✓✓✓ - Stands for
the idea that an invented name or word can take on secondary meaning a
specific product.
- The Coca-Cola Company sought to prevent the Koke Company of
America and other beverage companies from, among other things, using
the word Koke for their products. The Koke Company of America and
other beverage companies contended that the Coca-Cola trademark was
a fraudulent representation and that Coca-Cola was therefore not entitled
to any help from the courts. The Koke Company and the other
defendants alleged that the Coca-Cola Company, by its use of the Coca-
Cola name, represented that the beverage contained cocaine (from coca
leaves), which it no longer did. The trial court granted the injunction
against the Koke Company, but the appellate court reversed the lower
court's ruling. Coca-Cola then appealed to the United States Supreme
Court.
In this early case, the United States Supreme Court made it clear that
trademarks and trade names (and nicknames for those marks and names,
such as the nickname "Coke" for "Coca-Cola") that are in common use
receive protection under the common law.
Samsung v. Apple Case Ans✓✓✓ - Patent infringement.
- Apple sued Samsung in federal court alleging that Samsung's Galaxy
smartphones and tablets that use Google's HTC Android operating
system infringe on Apple's patents. Apple has design patents that cover
,its devices' graphical user interface. A jury found that Samsung had
willfully infringed five of Apple's patents and awarded damages.
Trip Trap Chair case (Supreme Court of Norway) Ans✓✓✓ - Owner
agreed with expired patent even though it breach copyright. Supreme
Court agreed and extended patent breaking patent laws and never made
public like they should have.
- The man who invented the trip trap chair had his patent expire and
another man said that he could do a better chair and began to sell it and
the man who had the patent expire file a lawsuit and won.
Likelihood of confusion Ans✓✓✓ Standard employed in trademark law
to determine if the use of a mark by two companies is too similar. If
someone started selling fast food and they call their restaurant
Mcdonald's there clearly would be a likelihood of confusion now if they
started using words that were similar to Mcdonald's in that kind of
industry, there would be a likelihood of confusion.
Know what happens in trademark abandonment Ans✓✓✓ Abandoned
means that the trademark application is no longer pending and thus,
cannot mature into registration. Considered abandoned if "it's use has
been discontinued with intent not to resume such use".
What is a cease and desist notice or letter? Ans✓✓✓ - Can be written by
anyone, typically an attorney.
-Asks the offender to stop activity
- Requests a response from the offender
, - Does not prohibit the offender from continuing the activity (but may
subject them to possible legal action)
Know the real value of intellectual property Ans✓✓✓ - IP assets are part
of the non-physical property of a business. They are legally protected
and that protection can be enforced in a court of law.
- IP assets can be independently identified, are transferrable, and have an
economic lifespan.
- The value of an IP asset essentially comes from the right the owner of
that asset has to exclude competitors from using it
What is the most rapidly growing form of international business?
Ans✓✓✓ - Licensing abroad of intellectual property
- Doing business abroad is by transferring intellectual property
What are trade secrets? Ans✓✓✓ Intellectual property (IP) rights on
confidential information which may be sold or licensed. The information
must be commercially valuable because it is a secret, be known only to a
limited group of persons, and be subject to reasonable steps taken by the
rightful holder of the information to keep it a secret, including the use of
confidentiality agreements for business partners and employees.
What is a trade dress? Ans✓✓✓ Trade dress is the commercial look and
feel of a product or service that identifies and distinguishes the source of
the product or service. It is a form of intellectual property
QUESTIONS WITH DETAILED VERIFIED AND 100%
ACCURATE ANSWERS BRAND NEW EXAM ALREADY
GRADED (A+ PASS)
Coca Cola Co. v. The Koke Co. of America case Ans✓✓✓ - Stands for
the idea that an invented name or word can take on secondary meaning a
specific product.
- The Coca-Cola Company sought to prevent the Koke Company of
America and other beverage companies from, among other things, using
the word Koke for their products. The Koke Company of America and
other beverage companies contended that the Coca-Cola trademark was
a fraudulent representation and that Coca-Cola was therefore not entitled
to any help from the courts. The Koke Company and the other
defendants alleged that the Coca-Cola Company, by its use of the Coca-
Cola name, represented that the beverage contained cocaine (from coca
leaves), which it no longer did. The trial court granted the injunction
against the Koke Company, but the appellate court reversed the lower
court's ruling. Coca-Cola then appealed to the United States Supreme
Court.
In this early case, the United States Supreme Court made it clear that
trademarks and trade names (and nicknames for those marks and names,
such as the nickname "Coke" for "Coca-Cola") that are in common use
receive protection under the common law.
Samsung v. Apple Case Ans✓✓✓ - Patent infringement.
- Apple sued Samsung in federal court alleging that Samsung's Galaxy
smartphones and tablets that use Google's HTC Android operating
system infringe on Apple's patents. Apple has design patents that cover
,its devices' graphical user interface. A jury found that Samsung had
willfully infringed five of Apple's patents and awarded damages.
Trip Trap Chair case (Supreme Court of Norway) Ans✓✓✓ - Owner
agreed with expired patent even though it breach copyright. Supreme
Court agreed and extended patent breaking patent laws and never made
public like they should have.
- The man who invented the trip trap chair had his patent expire and
another man said that he could do a better chair and began to sell it and
the man who had the patent expire file a lawsuit and won.
Likelihood of confusion Ans✓✓✓ Standard employed in trademark law
to determine if the use of a mark by two companies is too similar. If
someone started selling fast food and they call their restaurant
Mcdonald's there clearly would be a likelihood of confusion now if they
started using words that were similar to Mcdonald's in that kind of
industry, there would be a likelihood of confusion.
Know what happens in trademark abandonment Ans✓✓✓ Abandoned
means that the trademark application is no longer pending and thus,
cannot mature into registration. Considered abandoned if "it's use has
been discontinued with intent not to resume such use".
What is a cease and desist notice or letter? Ans✓✓✓ - Can be written by
anyone, typically an attorney.
-Asks the offender to stop activity
- Requests a response from the offender
, - Does not prohibit the offender from continuing the activity (but may
subject them to possible legal action)
Know the real value of intellectual property Ans✓✓✓ - IP assets are part
of the non-physical property of a business. They are legally protected
and that protection can be enforced in a court of law.
- IP assets can be independently identified, are transferrable, and have an
economic lifespan.
- The value of an IP asset essentially comes from the right the owner of
that asset has to exclude competitors from using it
What is the most rapidly growing form of international business?
Ans✓✓✓ - Licensing abroad of intellectual property
- Doing business abroad is by transferring intellectual property
What are trade secrets? Ans✓✓✓ Intellectual property (IP) rights on
confidential information which may be sold or licensed. The information
must be commercially valuable because it is a secret, be known only to a
limited group of persons, and be subject to reasonable steps taken by the
rightful holder of the information to keep it a secret, including the use of
confidentiality agreements for business partners and employees.
What is a trade dress? Ans✓✓✓ Trade dress is the commercial look and
feel of a product or service that identifies and distinguishes the source of
the product or service. It is a form of intellectual property