BUL 4310 FINAL EXAM QUESTIONS & ANSWERS
Coca Cola Co. v. The Koke Co. of America case - Answer -- 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 - Answer -- 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) - Answer -- 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 - Answer -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 - Answer -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? - Answer -- 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 - Answer -- 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? - Answer -- Licensing
abroad of intellectual property
- Doing business abroad is by transferring intellectual property
What are trade secrets? - Answer -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? - Answer -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
How long is copyright protection? - Answer -copyright protection lasts for the life of the
author plus an additional 70 years. (For an anonymous work, a pseudonymous work, or
a work made for hire, the copyright endures for a term of 95 years from the year of its
first publication or a term of 120 years from the year of its creation, whichever expires
first)
Are movies copyrighted? - Answer -Movies are copyrighted by copyright law. you
generally cannot show the movie to the public without permission or a license. This is
because a copyright grants the copyright holder the exclusive rights to distribute copies
of the movie and show it publicly.
What is actually copyrighted? - Answer -a form of intellectual property law, protects
original works of authorship including literary, dramatic, musical, and artistic works, such
as poetry, novels, movies, songs, computer software, and architecture.
Coca Cola Co. v. The Koke Co. of America case - Answer -- 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 - Answer -- 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) - Answer -- 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 - Answer -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 - Answer -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? - Answer -- 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 - Answer -- 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? - Answer -- Licensing
abroad of intellectual property
- Doing business abroad is by transferring intellectual property
What are trade secrets? - Answer -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? - Answer -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
How long is copyright protection? - Answer -copyright protection lasts for the life of the
author plus an additional 70 years. (For an anonymous work, a pseudonymous work, or
a work made for hire, the copyright endures for a term of 95 years from the year of its
first publication or a term of 120 years from the year of its creation, whichever expires
first)
Are movies copyrighted? - Answer -Movies are copyrighted by copyright law. you
generally cannot show the movie to the public without permission or a license. This is
because a copyright grants the copyright holder the exclusive rights to distribute copies
of the movie and show it publicly.
What is actually copyrighted? - Answer -a form of intellectual property law, protects
original works of authorship including literary, dramatic, musical, and artistic works, such
as poetry, novels, movies, songs, computer software, and architecture.
