Question 1

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

Accepted Answer

A) True 
 B)False  False

Question 2

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided

Accepted Answer

A)  ​consumers are confused. 
B)  ​Bubbly's use is intentional. 
C)  ​Bubbly's use reduces the value of Sparkly's mark. 
D)  ​Sparkly's mark is registered. 
A)  ​consumers are confused. 
B)  ​Bubbly's use is intentional. 
C)  ​Bubbly's use reduces the value of Sparkly's mark. 
D)  ​Sparkly's mark is registered. A

Question 3

Mace copies Nick's book, Off the Road, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

Accepted Answer

A)  ​copyright infringement. 
B)  ​fair use. 
C)  ​licensing. 
D)  ​protected expression. 
A)  ​copyright infringement. 
B)  ​fair use. 
C)  ​licensing. 
D)  ​protected expression. A

Question 4

The need to protect intellectual property is recognized in the Declaration of Independence.

Accepted Answer

A) True 
 B)False

Question 5

A trademark must be registered to support a trademark infringement action.

Accepted Answer

A) True 
 B)False

Question 6

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that​

Accepted Answer

A)  ​consumers are confused. 
B)  ​Sleek Feet and Thor are competitors. 
C)  ​Sleek Feet's use is intentional. 
D)  ​Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation. 
A)  ​consumers are confused. 
B)  ​Sleek Feet and Thor are competitors. 
C)  ​Sleek Feet's use is intentional. 
D)  ​Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.

Question 7

A famous trademark may be diluted only by the unauthorized use of an identical mark.

Accepted Answer

A) True 
 B)False

Question 8

A marketing technique can be a trade secret.

Accepted Answer

A) True 
 B)False

Question 9

AllforOne Inc. develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for​

Accepted Answer

A)  ​the phone. 
B)  ​the "newness" of the device. 
C)  ​the name "OneforAll." 
D)  ​none of the choices. 
A)  ​the phone. 
B)  ​the "newness" of the device. 
C)  ​the name "OneforAll." 
D)  ​none of the choices.

Question 10

Mary Kate Inc. allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

Accepted Answer

A)  ​a license. 
B)  ​a likelihood of consumer confusion. 
C)  ​cybersquatting. 
D)  ​trademark dilution. 
A)  ​a license. 
B)  ​a likelihood of consumer confusion. 
C)  ​cybersquatting. 
D)  ​trademark dilution.

Question 11

The theft of trade secrets is a federal crime.

Accepted Answer

A) True 
 B)False

Question 12

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely

Accepted Answer

A)  ​copyright infringement. 
B)  ​patent infringement. 
C)  ​trademark infringement. 
D)  ​a theft of trade secrets. 
A)  ​copyright infringement. 
B)  ​patent infringement. 
C)  ​trademark infringement. 
D)  ​a theft of trade secrets.

Question 13

Hua plots a new Iron Man adventure and carefully and skillfully imitates the art of Marvel Comics to create an authentic-looking Iron Man graphic novel. Hua is not affiliated with the owners of the copyright to Iron Man. Can Hua publish the novel as his own work without infringing on the owners' copyright?

Accepted Answer

Probably not. When the form or expressio

Question 14

The process behind the production of "Account Inc.," a suite of business accounting and inventory software, is protected by

Accepted Answer

A)  ​copyright law. 
B)  ​patent law. 
C)  ​none of the choices. 
D)  ​trade secrets law. 
A)  ​copyright law. 
B)  ​patent law. 
C)  ​none of the choices. 
D)  ​trade secrets law.

Question 15

A personal name is not protected under trademark law if it acquires a secondary meaning.

Accepted Answer

A) True 
 B)False

Question 16

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

Accepted Answer

A)  ​a license. 
B)  ​likely to confuse consumers. 
C)  ​trademark infringement. 
D)  ​trademark dilution. 
A)  ​a license. 
B)  ​likely to confuse consumers. 
C)  ​trademark infringement. 
D)  ​trademark dilution.

Question 17

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a

Accepted Answer

A)  ​a certification mark. 
B)  ​a collective mark. 
C)  ​a service mark. 
D)  ​a trade name. 
A)  ​a certification mark. 
B)  ​a collective mark. 
C)  ​a service mark. 
D)  ​a trade name.

Question 18

Moe applies nano technology to invent a device that reduces the half-life of spent plutonium rods used in nuclear-fuel reactors. He names the device "Halftime." He also writes Nano Nukes, a book about this invention and other uses for nano technology. Moe can obtain copyright protection for​

Accepted Answer

A)  ​the device. 
B)  ​all of the choices. 
C)  ​the name "Halftime." 
D)  ​the book Nano Nukes. 
A)  ​the device. 
B)  ​all of the choices. 
C)  ​the name "Halftime." 
D)  ​the book Nano Nukes.

Question 19

An arbitrary use of ordinary words may not be trademarked.

Accepted Answer

A) True 
 B)False

Question 20

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

Accepted Answer

A) True 
 B)False

Exam 29: Intellectual Property

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided

Mace copies Nick's book, Off the Road, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

The need to protect intellectual property is recognized in the Declaration of Independence.

A trademark must be registered to support a trademark infringement action.

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that​

A famous trademark may be diluted only by the unauthorized use of an identical mark.

A marketing technique can be a trade secret.

AllforOne Inc. develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for​

Mary Kate Inc. allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

The theft of trade secrets is a federal crime.

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely

The process behind the production of "Account Inc.," a suite of business accounting and inventory software, is protected by

A personal name is not protected under trademark law if it acquires a secondary meaning.

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a

Moe applies nano technology to invent a device that reduces the half-life of spent plutonium rods used in nuclear-fuel reactors. He names the device "Halftime." He also writes Nano Nukes, a book about this invention and other uses for nano technology. Moe can obtain copyright protection for​

An arbitrary use of ordinary words may not be trademarked.

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

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Digital Update:should Employees Have a Right of Disconnecting

Digital Update: Revenge Porn and Invasion of Privacy

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Digital Update:the Exploding World of Digital Property

Filters

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that

AllforOne Inc. develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for

Moe applies nano technology to invent a device that reduces the half-life of spent plutonium rods used in nuclear-fuel reactors. He names the device "Halftime." He also writes Nano Nukes, a book about this invention and other uses for nano technology. Moe can obtain copyright protection for