What is Intellectual Property? Self-Quiz

 

 

 

 

 

 

 

Which of the following would be considered intellectual property?

Choice 1 Ownership of a time share in a condominium.
Choice 2 Ownership of the exclusive right to produce and market the “bombinator”- a product that allows its use to simulate the sound of a bomb going off.
Choice 3 Ownership of a future interest in a parcel of real estate.
Choice 4 Ownership of $50,000 that is kept in a bank account.

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?

Choice 1 Yes, because the Post-Gazette violated Lisa’s copyright.
Choice 2 Yes, because the Post-Gazette violated Lisa’s patent.
Choice 3 Yes, because the Post-Gazette violated Lisa’s trademark.
Choice 4 No, because Lisa never filed for government protection for the intellectual property rights to the essay.

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?

Choice 1 Yes, because the device was made using trade secrets of Homer’s.
Choice 2 Yes, because Homer’s device was protected automatically by a patent.
Choice 3 Yes, because Homer’s device was protected automatically by a trademark.
Choice 4 No, because Homer has not filed for his patent.

“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?

Choice 1 Yes, because no logo can ever be similar to the logo of another company.
Choice 2 Yes, if the court determines that the two "swooshes" are confusingly similar.
Choice 3 No, unless it’s impossible for a reasonable person to tell the two “swoosh”es apart.
Choice 4 No, because competition is a necessary component of capitalism and thus must be encouraged.

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