,Solution manual for Intellectual Property The Law
of Trademarks, Copyrights, Patents, and Trade
Secrets, 6th Edition Deborah E. Bouchoux
Notes
1- The file is chapter after chapter.
2- We have shown you 10 or five pages.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many
new editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
Solution and Answer Guide
DEBORAH E. BOUCHOUX, INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS,
PATENTS, AND TRADE SECRETS 6TH, 9780357767481 Ó2024; CHAPTER 1: INTRODUCTION TO
INTELLECTUAL PROPERTY LAW
TABLE OF CONTENTS
Lecture Notes .............................................................................................................................. 2
End-of-Chapter Activities ........................................................................................................... 4
Discussion Questions.................................................................................................................4
Using Internet Resources...........................................................................................................5
Putting It into Words...................................................................................................................7
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
LECTURE NOTES
Major points to be addressed in presenting the chapter materials include the following:
1. Intellectual property protects creative endeavor and is thus said to be intellectual. It is
distinguishable from real property and personal property.
2. The protection of intellectual property is necessary to stimulate and promote further
creativity. Authors, musicians, and inventors would have no incentive to engage in
creative effort if the fruits of their work could be misappropriated by others.
3. There are four types of intellectual property: trademarks, copyrights, patents, and trade
secrets.
4. Trademarks:
Definition: a word, name, symbol, or device used to indicate the origin, quality,
and ownership of a product or service (the term trademark refers to a product,
and the term service mark identifies a service)
Trademarks are governed by the Lanham Act, a federal statute
Function: to provide guarantees of quality and consistency of the products and
services they identify
Rights arise from use of the mark, although registration offers certain advantages
Trademarks can last forever if they are properly maintained
5. Copyrights:
Definition: a form of protection granted to authors of original works of authorship
including literary, dramatic, musical, artistic, and certain other works
Copyrights are governed by the Copyright Act, a federal statute
Function: to allow authors to reap the fruits of their creative effort
Rights arise from the time a work is created in fixed form, although registration
offers certain advantages
Copyrights generally last for the author’s life plus 70 years, after which time they
fall into the public domain and are free for anyone to use
6. Patents:
Definition: a grant from the U.S. government permitting its owner to prevent
others from making, using, or selling an invention
Patents are governed by the Patent Act, a federal statute
Types of patents: utility, design, and plant patents
Protection is available only for useful, novel, and nonobvious inventions
Patent rights arise only upon issuance of a patent by the U.S. Patent and
Trademark Office (USPTO) and have a limited duration (20 years from the date
of filing of utility patent application)
7. Trade Secrets:
Definition: any valuable business information that is not known to others and is
subject to reasonable efforts to maintain its secrecy
No registration process; governed by state statutes and cases, the new federal
Defend Trade Secrets Act of 2016, and contractual agreements
If properly protected, trade secrets may last forever
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
8. Other intellectual property rights exist: semiconductor chip protection, vessel hull design
protection, plant variety protection, right of publicity, and other rights relating to unfair
competition (such as passing off, false advertising, and misappropriation).
9. IP rights often intersect and overlap. For example, computer programs are protectable
under copyright law, patent law, and perhaps as trade secrets. While marketing
materials are being developed, they are a trade secret; once fixed, they are protected by
copyright. Once materials are widely distributed, they lose their status as trade secrets.
10. Agencies responsible for IP protection:
USPTO (U.S. Patent and Trademark Office): grants patents and registers
trademarks
Library of Congress/Copyright Office: registers copyrights
11. International organizations, agencies, and treaties:
INTA: composed of trademark owners and practitioners to promote trademarks
WIPO: composed of more than 190 member nations, and administers various IP
treaties and promotes protection of IP throughout the world
WTO: composed of more than 160 industrialized nations to deal with trade
matters, including trade disputes and trade matters related to intellectual property
Berne Convention: 180 member nations; protects literary and artistic works
Madrid Protocol: promotes trademark protection for its member countries; the
United States became a member in November 2003.
Paris Convention: facilitates patent and trademark protection for its more than
175 member nations
USMCA: adhered to by the United States, Canada, and Mexico, and resulted in
some changes to U.S. trademark law (the successor to NAFTA)
TRIPS: establishes minimum levels of protection that member countries must
afford each other with regard to intellectual property
12. IP rights are becoming increasingly important, primarily due to rapidity with which
information can be communicated. Piracy of IP rights is becoming an increasing
problem, as it causes a loss of revenue to artists, authors, and industry.
CASE STUDY AND ACTIVITIES
Case Study. Your firm’s client, Pet Plaza Inc., operates a number of retail pet supply and
merchandise stores, as well as providing a variety of related services for pets. It offers grooming
services, pet training, and kenneling services, as well as other offerings, such as training
leashes and aquariums. One of its signature products is its dog food, Woofers. It advertises its
products and services on television, the Internet, and in print media. Its commercials use a
song, “Pet Pals,” composed by one of the company’s founders. The company is considering
launching veterinary services and is thus conducting confidential marketing surveys to gauge
interest in such services.
Activities. Identify the intellectual property Pet Plaza might own.
Answer:
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 3
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
[Note to Instructors: It is possible that the trademarks are not sufficiently distinctive to
qualify for registration at the USPTO and that the patentable matter is subject to the on-
sale bar discussed later in the text. Assuming that the marks are not merely descriptive
(or confusingly similar to others) and that the patentable matter qualifies for protection,
the following intellectual property rights might be owned by Pet Plaza.]
Trademarks: Pet Plaza owns trademarks in any distinctive names, etc., that it uses,
including the name WOOFERS as well as any slogans or images or designs it may use
in connection with these marks.
Copyrights: Pet Plaza owns copyrights in the scripts for any commercials and in the
text for any advertising, whether on the Internet or in conventional print form.
Additionally, Pet Plaza owns copyright rights in the song “Pet Pals” (assuming that its
employees do not retain any copyright rights).
Patents: The training leashes and aquariums should qualify for patent protections.
Trade Secrets: Pet Plaza’s plans to launch veterinary services and its marketing
surveys are likely trade secrets because they have economic value and give Pet Plaza a
competitive edge (if others were to learn about these plans and get into the market
ahead of Pet Plaza, Pet Plaza would suffer damage). As long as Pet Plaza’s plans and
surveys are treated confidentially and are reasonably protected by the company, they
should qualify as protectable trade secrets.
DISCUSSION QUESTIONS
1. The trademark GOOGLE was registered for Internet search engine services in 2012.
When will protection for this mark expire?
Answer:
The first renewal for the mark is due in 2022. So long as all appropriate documents
are filed with the USPTO to main this trademark, it can exist perpetually.
2. Author Toni Morrison died in 2019. She was the author of the Pulitzer Prize winning
novel Beloved, published in 1987. When will the copyright for this novel expire?
Answer:
Copyright protection lasts for the author’s life plus 70 years. Thus, protection will
expire in 2057.
3. Jamal filed a patent application for his new fitness tracker on December 1, 2021. The
patent was granted on November 18, 2022. When will this patent expire?
Answer:
Patent protection lasts for 20 years from the date of filing a utility patent application.
Thus, the patent will expire on December 1, 2041.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 4
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
4. Actress Sandra Oh is considering writing her autobiography. She has written no material
and has no written notes. Is the proposed book protected by copyright? Discuss. Would
your answer be different if Ms. Oh had texted Chapter One of her book to a friend?
Discuss.
Answer:
Ms. Oh’s idea for her autobiography is not protectable. For copyright protection to
exist, material must be fixed. When Ms. Oh typed or texted Chapter One, such
constitutes fixation, and Chapter One is protected by copyright.
5. Determine whether the following items are protectable as trademarks, copyrights,
patents, trade secrets, or none of the above.
Answer:
The advertising jingle for Popeyes fast food Copyright
The secret recipe for Popeyes chicken seasonings Trade secret
An idea for some new Popeyes menu items Not protectable
Popeyes’ new menu item called Nugget-Tips Trademark
Popeyes’ new interactive ordering menus Patent
USING INTERNET RESOURCES
[Note to Instructors: You may wish to give a bit more instruction to students to help them
access the pertinent websites to answer these questions. As the chapters progress, students
will become more proficient in navigating the websites of the USPTO, Copyright Office, and so
forth, but at this point, a few helpful hints may be useful.]
For example, students can simply enter “Glossary” into the search box at www.uspto.gov (or
they may use this URL: https://www.uspto.gov/learning-and-resources/glossary)
They can access the TESS trademark search system here:
https://tmsearch.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk
They may conduct a patent number search by using this URL: https://patentcenter.uspto.gov
(use drop-down menu to select “Patent #”)
Patent searches can also be conducted using Google’s Patent Search screen at this URL:
https://patents.google.com/
Copyright Office Circulars can be located at this site: https://www.copyright.gov/circs/
1. Access the website of the USPTO.
a. What is the fee to file (electronically) a trademark renewal application?
Answer:
The fee is $300 per class.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 5
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
b. Locate the Glossary. What is the definition of “patent”?
Answer:
“Patent” is defined as follows: “a property right granted by the Government of the
United States of America to an inventor ‘to exclude others from making, using,
offering for sale, or selling the invention throughout the United States or importing
the invention into the United States’ for a limited time in exchange for public
disclosure of the invention when the patent is granted.”
c. Conduct a patent search for Patent No. 9,875,719 by using the feature “Patent
Number Search.” Who is the second inventor listed on the patent? Use the
Patent Center at https://patentcenter.uspto.gov.
Answer:
The second inventor is William Gates.
2. Access the website of the USPTO. Using “TESS,” conduct a trademark search for
Trademark Registration No. 4,384,121.
a. What is the trademark shown?
Answer:
The trademark is RANCHERITOS.
b. When was it first used?
Answer:
It was first used 2009-08-00 (August 2009).
c. Who is the owner of the mark?
Answer:
The owner is Frito-Lay North America, Inc.
3. Access the website of the U.S. Copyright Office. Review Circular 1, entitled “Copyright
Basics.”
a. Can a copyright be bequeathed by will?
Answer:
Yes.
b. Does copyright protection exist for a listing of ingredients in a recipe?
Answer:
No.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 6
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
4. Locate the Uniform Trade Secrets Act at the website of the Uniform Law Commission at
www.uniformlaws.org. Review the Comment to Section 1. Do courts require extreme
and unduly expensive procedures to be taken to protect trade secrets?
Answer:
No. Courts do not require extreme or expensive measures to protect trade secrets.
PUTTING IT INTO WORDS
Draft a short paragraph for an email to a client explaining when the client will be able to freely
use a patented invention applied for by the client’s competitor on June 1, 2006.
Answer:
As you may know, patent protection lasts for 20 years from the date an application is
filed for a patent. Because your competitor’s patent application was filed on June 1,
2006, protection will last until June 1, 2026. After patent protection expires, you are free
to manufacture, use, import, or sell the patented invention. Prior to the expiration date of
June 1, 2026, however, anyone who makes, uses, imports, or sells the patented
invention is liable for patent infringement.
Please let us know if you would like us to calendar or docket the date of June 1, 2026, to
remind you when you may freely use the invention that will be protected by patent until
that date.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 7
website, in whole or in part.
, Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 2: Foundations of Trademark Law
Solution and Answer Guide
DEBORAH E. BOUCHOUX, INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS,
PATENTS, AND TRADE SECRETS 6TH, 9780357767481 Ó2024; CHAPTER 2: FOUNDATIONS OF
TRADEMARK LAW
TABLE OF CONTENTS
Lecture Notes .............................................................................................................................. 2
Case Study and Activities .......................................................................................................... 5
Discussion Questions.................................................................................................................6
Using Internet Resources...........................................................................................................8
Putting It into Words.................................................................................................................10
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
of Trademarks, Copyrights, Patents, and Trade
Secrets, 6th Edition Deborah E. Bouchoux
Notes
1- The file is chapter after chapter.
2- We have shown you 10 or five pages.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many
new editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
Solution and Answer Guide
DEBORAH E. BOUCHOUX, INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS,
PATENTS, AND TRADE SECRETS 6TH, 9780357767481 Ó2024; CHAPTER 1: INTRODUCTION TO
INTELLECTUAL PROPERTY LAW
TABLE OF CONTENTS
Lecture Notes .............................................................................................................................. 2
End-of-Chapter Activities ........................................................................................................... 4
Discussion Questions.................................................................................................................4
Using Internet Resources...........................................................................................................5
Putting It into Words...................................................................................................................7
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
LECTURE NOTES
Major points to be addressed in presenting the chapter materials include the following:
1. Intellectual property protects creative endeavor and is thus said to be intellectual. It is
distinguishable from real property and personal property.
2. The protection of intellectual property is necessary to stimulate and promote further
creativity. Authors, musicians, and inventors would have no incentive to engage in
creative effort if the fruits of their work could be misappropriated by others.
3. There are four types of intellectual property: trademarks, copyrights, patents, and trade
secrets.
4. Trademarks:
Definition: a word, name, symbol, or device used to indicate the origin, quality,
and ownership of a product or service (the term trademark refers to a product,
and the term service mark identifies a service)
Trademarks are governed by the Lanham Act, a federal statute
Function: to provide guarantees of quality and consistency of the products and
services they identify
Rights arise from use of the mark, although registration offers certain advantages
Trademarks can last forever if they are properly maintained
5. Copyrights:
Definition: a form of protection granted to authors of original works of authorship
including literary, dramatic, musical, artistic, and certain other works
Copyrights are governed by the Copyright Act, a federal statute
Function: to allow authors to reap the fruits of their creative effort
Rights arise from the time a work is created in fixed form, although registration
offers certain advantages
Copyrights generally last for the author’s life plus 70 years, after which time they
fall into the public domain and are free for anyone to use
6. Patents:
Definition: a grant from the U.S. government permitting its owner to prevent
others from making, using, or selling an invention
Patents are governed by the Patent Act, a federal statute
Types of patents: utility, design, and plant patents
Protection is available only for useful, novel, and nonobvious inventions
Patent rights arise only upon issuance of a patent by the U.S. Patent and
Trademark Office (USPTO) and have a limited duration (20 years from the date
of filing of utility patent application)
7. Trade Secrets:
Definition: any valuable business information that is not known to others and is
subject to reasonable efforts to maintain its secrecy
No registration process; governed by state statutes and cases, the new federal
Defend Trade Secrets Act of 2016, and contractual agreements
If properly protected, trade secrets may last forever
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
8. Other intellectual property rights exist: semiconductor chip protection, vessel hull design
protection, plant variety protection, right of publicity, and other rights relating to unfair
competition (such as passing off, false advertising, and misappropriation).
9. IP rights often intersect and overlap. For example, computer programs are protectable
under copyright law, patent law, and perhaps as trade secrets. While marketing
materials are being developed, they are a trade secret; once fixed, they are protected by
copyright. Once materials are widely distributed, they lose their status as trade secrets.
10. Agencies responsible for IP protection:
USPTO (U.S. Patent and Trademark Office): grants patents and registers
trademarks
Library of Congress/Copyright Office: registers copyrights
11. International organizations, agencies, and treaties:
INTA: composed of trademark owners and practitioners to promote trademarks
WIPO: composed of more than 190 member nations, and administers various IP
treaties and promotes protection of IP throughout the world
WTO: composed of more than 160 industrialized nations to deal with trade
matters, including trade disputes and trade matters related to intellectual property
Berne Convention: 180 member nations; protects literary and artistic works
Madrid Protocol: promotes trademark protection for its member countries; the
United States became a member in November 2003.
Paris Convention: facilitates patent and trademark protection for its more than
175 member nations
USMCA: adhered to by the United States, Canada, and Mexico, and resulted in
some changes to U.S. trademark law (the successor to NAFTA)
TRIPS: establishes minimum levels of protection that member countries must
afford each other with regard to intellectual property
12. IP rights are becoming increasingly important, primarily due to rapidity with which
information can be communicated. Piracy of IP rights is becoming an increasing
problem, as it causes a loss of revenue to artists, authors, and industry.
CASE STUDY AND ACTIVITIES
Case Study. Your firm’s client, Pet Plaza Inc., operates a number of retail pet supply and
merchandise stores, as well as providing a variety of related services for pets. It offers grooming
services, pet training, and kenneling services, as well as other offerings, such as training
leashes and aquariums. One of its signature products is its dog food, Woofers. It advertises its
products and services on television, the Internet, and in print media. Its commercials use a
song, “Pet Pals,” composed by one of the company’s founders. The company is considering
launching veterinary services and is thus conducting confidential marketing surveys to gauge
interest in such services.
Activities. Identify the intellectual property Pet Plaza might own.
Answer:
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 3
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
[Note to Instructors: It is possible that the trademarks are not sufficiently distinctive to
qualify for registration at the USPTO and that the patentable matter is subject to the on-
sale bar discussed later in the text. Assuming that the marks are not merely descriptive
(or confusingly similar to others) and that the patentable matter qualifies for protection,
the following intellectual property rights might be owned by Pet Plaza.]
Trademarks: Pet Plaza owns trademarks in any distinctive names, etc., that it uses,
including the name WOOFERS as well as any slogans or images or designs it may use
in connection with these marks.
Copyrights: Pet Plaza owns copyrights in the scripts for any commercials and in the
text for any advertising, whether on the Internet or in conventional print form.
Additionally, Pet Plaza owns copyright rights in the song “Pet Pals” (assuming that its
employees do not retain any copyright rights).
Patents: The training leashes and aquariums should qualify for patent protections.
Trade Secrets: Pet Plaza’s plans to launch veterinary services and its marketing
surveys are likely trade secrets because they have economic value and give Pet Plaza a
competitive edge (if others were to learn about these plans and get into the market
ahead of Pet Plaza, Pet Plaza would suffer damage). As long as Pet Plaza’s plans and
surveys are treated confidentially and are reasonably protected by the company, they
should qualify as protectable trade secrets.
DISCUSSION QUESTIONS
1. The trademark GOOGLE was registered for Internet search engine services in 2012.
When will protection for this mark expire?
Answer:
The first renewal for the mark is due in 2022. So long as all appropriate documents
are filed with the USPTO to main this trademark, it can exist perpetually.
2. Author Toni Morrison died in 2019. She was the author of the Pulitzer Prize winning
novel Beloved, published in 1987. When will the copyright for this novel expire?
Answer:
Copyright protection lasts for the author’s life plus 70 years. Thus, protection will
expire in 2057.
3. Jamal filed a patent application for his new fitness tracker on December 1, 2021. The
patent was granted on November 18, 2022. When will this patent expire?
Answer:
Patent protection lasts for 20 years from the date of filing a utility patent application.
Thus, the patent will expire on December 1, 2041.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 4
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
4. Actress Sandra Oh is considering writing her autobiography. She has written no material
and has no written notes. Is the proposed book protected by copyright? Discuss. Would
your answer be different if Ms. Oh had texted Chapter One of her book to a friend?
Discuss.
Answer:
Ms. Oh’s idea for her autobiography is not protectable. For copyright protection to
exist, material must be fixed. When Ms. Oh typed or texted Chapter One, such
constitutes fixation, and Chapter One is protected by copyright.
5. Determine whether the following items are protectable as trademarks, copyrights,
patents, trade secrets, or none of the above.
Answer:
The advertising jingle for Popeyes fast food Copyright
The secret recipe for Popeyes chicken seasonings Trade secret
An idea for some new Popeyes menu items Not protectable
Popeyes’ new menu item called Nugget-Tips Trademark
Popeyes’ new interactive ordering menus Patent
USING INTERNET RESOURCES
[Note to Instructors: You may wish to give a bit more instruction to students to help them
access the pertinent websites to answer these questions. As the chapters progress, students
will become more proficient in navigating the websites of the USPTO, Copyright Office, and so
forth, but at this point, a few helpful hints may be useful.]
For example, students can simply enter “Glossary” into the search box at www.uspto.gov (or
they may use this URL: https://www.uspto.gov/learning-and-resources/glossary)
They can access the TESS trademark search system here:
https://tmsearch.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk
They may conduct a patent number search by using this URL: https://patentcenter.uspto.gov
(use drop-down menu to select “Patent #”)
Patent searches can also be conducted using Google’s Patent Search screen at this URL:
https://patents.google.com/
Copyright Office Circulars can be located at this site: https://www.copyright.gov/circs/
1. Access the website of the USPTO.
a. What is the fee to file (electronically) a trademark renewal application?
Answer:
The fee is $300 per class.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 5
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
b. Locate the Glossary. What is the definition of “patent”?
Answer:
“Patent” is defined as follows: “a property right granted by the Government of the
United States of America to an inventor ‘to exclude others from making, using,
offering for sale, or selling the invention throughout the United States or importing
the invention into the United States’ for a limited time in exchange for public
disclosure of the invention when the patent is granted.”
c. Conduct a patent search for Patent No. 9,875,719 by using the feature “Patent
Number Search.” Who is the second inventor listed on the patent? Use the
Patent Center at https://patentcenter.uspto.gov.
Answer:
The second inventor is William Gates.
2. Access the website of the USPTO. Using “TESS,” conduct a trademark search for
Trademark Registration No. 4,384,121.
a. What is the trademark shown?
Answer:
The trademark is RANCHERITOS.
b. When was it first used?
Answer:
It was first used 2009-08-00 (August 2009).
c. Who is the owner of the mark?
Answer:
The owner is Frito-Lay North America, Inc.
3. Access the website of the U.S. Copyright Office. Review Circular 1, entitled “Copyright
Basics.”
a. Can a copyright be bequeathed by will?
Answer:
Yes.
b. Does copyright protection exist for a listing of ingredients in a recipe?
Answer:
No.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 6
website, in whole or in part.
,Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 1: Introduction to Intellectual Property Law
4. Locate the Uniform Trade Secrets Act at the website of the Uniform Law Commission at
www.uniformlaws.org. Review the Comment to Section 1. Do courts require extreme
and unduly expensive procedures to be taken to protect trade secrets?
Answer:
No. Courts do not require extreme or expensive measures to protect trade secrets.
PUTTING IT INTO WORDS
Draft a short paragraph for an email to a client explaining when the client will be able to freely
use a patented invention applied for by the client’s competitor on June 1, 2006.
Answer:
As you may know, patent protection lasts for 20 years from the date an application is
filed for a patent. Because your competitor’s patent application was filed on June 1,
2006, protection will last until June 1, 2026. After patent protection expires, you are free
to manufacture, use, import, or sell the patented invention. Prior to the expiration date of
June 1, 2026, however, anyone who makes, uses, imports, or sells the patented
invention is liable for patent infringement.
Please let us know if you would like us to calendar or docket the date of June 1, 2026, to
remind you when you may freely use the invention that will be protected by patent until
that date.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 7
website, in whole or in part.
, Solution and Answer Guide: Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets 6th,
9780357767481 2024; Chapter 2: Foundations of Trademark Law
Solution and Answer Guide
DEBORAH E. BOUCHOUX, INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS,
PATENTS, AND TRADE SECRETS 6TH, 9780357767481 Ó2024; CHAPTER 2: FOUNDATIONS OF
TRADEMARK LAW
TABLE OF CONTENTS
Lecture Notes .............................................................................................................................. 2
Case Study and Activities .......................................................................................................... 5
Discussion Questions.................................................................................................................6
Using Internet Resources...........................................................................................................8
Putting It into Words.................................................................................................................10
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
