Buslaw QUIZ 8 - Quiz PDF

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0 / 1 point Siesta Inc. owns and operates a chain of Mexican-food restaurants across Canada. The restaurants are very popular, largely because each restaurant is carefully designed and decorated to evoke an authentic Mexican feel. The company is worried about competitors copying it and drawing away customers. Siesta therefore wants to protect itself as much as possible under Canada’s trademark laws. Which of the following statements is TRUE? Question options:

Siesta Inc. is entitled to register a trademark for the shape and design of its “Sombrero Salad,” which is a unique dish creat by its executive chief.

Siesta Inc. can trademark its logo and its menus, but not its advertising slogan, “Food that will transport you south to Mexi

Siesta Inc. can have no protection until it applies for and obtains a registered trademark from the Canadian Intellectual Prop Office.

Siesta Inc. is not entitled to register any trademarks relating to its business. n

Which of the following statements about a television episode of The Rick Mercer Show best reflects Canadian copyright law? Question options:

The episode is subject to copyright protection only if it is broadcast live.

The episode is subject to copyright protection only if it is recorded on a fixed medium.

The episode is not subject to copyright protection because, once aired, it is considered to be in the public domain.

The episode is not subject to copyright protection because it can be picked up by teleivsions in the United States of Americ n

Emily took a photograph of a protest occurring on the street by the window of the office where she worked, and submitted it to the local newspaper along with a short report on the protest. Which of the following statements is TRUE? Question options:

As an independent contractor, Emily owns the copyright in the photograph and the writing, unless she assigned the copyrig the newspaper.

If Emily was an employee of the newspaper, the copyright in the photograph and the writing belongs to the newspaper.

If Emily owns the copyright in the photograph and the writing, that copyright is effective for the rest of her life plus 50 yea

If the newspaper owns the copyright in the photograph and the writing, that copyright is effective for 50 years.

All of the above. n

Rory Woods has invented a screen mesh to keep bugs out of his cottage in the spring and summer time. Rory came up with the unique idea of making the mesh biodegradable, so that when he replaces it, he can just throw it away without harming the pristine environment around his cottage. Unfortunately, the mesh biodegrades too quickly. After a couple of rainstorms, the mesh begins to disintegrate. Moreover, secretions from various bugs can have the same effect to the mesh. Rory submits his patent application to the Canadian Intellectual Property Office in Ottawa. Which of the following assessments of this application is most accurate? Question options:

The mesh is not patentable because it is not considered useful.

The mesh is not patentable because it is not considered novel.

The mesh is not patentable because there would not be much of a retail market for it.

The mesh is patentable despite its shortcoming. n

BrainFood is a brand used to promote a mixture of natural ingredients sold in natural health food stores as a supplement to help with memory retention. Recently, MindFood has come onto the Canadian market and has begun selling supplements that, although composed of different ingredients than BrainFood, are meant to also help with memory retention. The packaging of the two products is similar in colour, and the two products are sold in the same stores. Customers are often confused as to which product is made by which business. Which of the following statements is most likely TRUE? Question options:

MindFood is infringing upon BrainFood’s patent.

MindFood is infringing upon BrainFood’s copyright.

MindFood is infringing upon BrainFood’s trademark.

This is fair dealing and free competition and there is no infringement of BrainFood’s intellectual property rights. n

Anne has created new innovative computer software for in-home thermostats. She wants to obtain a patent for the software. Which of the following statements is TRUE?

Question options:

Anne may obtain patent protection in both Canada and the U.S.

Anne may qualify for a U.S. patent, but not a Canadian patent.

As an abstract theorem, the software is patentable in Canada.

Since the software is new and innovative, it qualifies for a patent in Canada. n

Beaver Boys, a Canadian pop musical group, just finished writing a new song. To obtain copyright ownership in the song, the group The group may obtain copyright ownership in the song without registering it with the . Question options:

Must register the copyright with the Canadian Intellectual Property Office.

Must record its performance of the song.

Must perform the song in public.

None of the above n

Woody has invented a method for analyzing perfume, breaking it down into its component chemicals, and reproducing the scent. He believes his invention will make him a fortune, but he needs money. Which of the following examples of disclosure may be potentially fatal to a later patent claim?

Question options:

Telling his employee after getting the employee to sign a confidentiality agreement.

Telling his wife about his invention.

Presenting his invention to his lawyer to seek advice for how to go about best patenting it.

Presenting his invention live on CBC’s television’s the Dragon’s Den to get financial backing. n

Jason worked as an employee of Terra Services, a map making corporation. As part of his job, he created a unique map of a previously uncharted northern Canadian forest. There is no written employee contract dealing with the ownership of this map. This map can probably only be: Question options:

Trademarked by Jason

Trademarked by Terra Services

Copyrighted by Jason

Copyrighted by Terra Services n

Megan has been hired as a screenplay writer by a television production company based in Toronto, Ontario. Although she is a very creative individual, she is going through a dry patch of writer’s block. In order to unblock herself, she picked up a collection of Shakespeare’s seventeenth century works and began reading it for ideas. She finally wrote a script

about a modern young lesbian couple from two feuding immigrant families whose love for each other ends in tragedy somewhat like one of Shakespeare’s plays. Which of the following is TRUE of Megan with respect to copyright law? Question options:

Scripts are not copyrightable works.

The script is not original and therefore cannot be copyrighted.

Megan has not infringed on Shakespeare’s copyright because his works belong to the public domain.

Megan has infringed on Shakespeare’s copyright for the play Romeo and Juliet by borrowing certain idea

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