Question 1

Phil invents "PhutureNow," new Web site design software,and applies for a patent.If Phil is granted a patent,his invention will be protected

Accepted Answer

A)  for ten years. 
B)  for twenty years. 
C)  for the life of the inventor plus seventy years. 
D)  forever. 
A)  for ten years. 
B)  for twenty years. 
C)  for the life of the inventor plus seventy years. 
D)  forever.

Question 2

A generic term is not protected under trademark law unless it acquires a secondary meaning.

Accepted Answer

A) True 
 B)False

Question 3

Diamond Financial Planners employs Ella,who is the firm's most productive performer.Ella,dissatisfied with the commission structure,quits to work for Feldstar Investments,Inc.She takes her list of Diamond clients to induce them to switch to Feldstar.Trade secrets law covers

Accepted Answer

A)  Diamond's list of clients. 
B)  Ella's performance. 
C)  Feldstar's commission structure. 
D)  none of the choices. 
A)  Diamond's list of clients. 
B)  Ella's performance. 
C)  Feldstar's commission structure. 
D)  none of the choices.

Question 4

A service mark distinguishes products used,or "put into service," by the government.

Accepted Answer

A) True 
 B)False

Question 5

E-Shopping Corporation inserts Fiesta Mall,Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use.This is

Accepted Answer

A)  copyright infringement. 
B)  patent infringement. 
C)  trademark infringement. 
D)  no infringement. 
A)  copyright infringement. 
B)  patent infringement. 
C)  trademark infringement. 
D)  no infringement.

Question 6

A fanciful use of ordinary words may be trademarked.

Accepted Answer

A) True 
 B)False

Question 7

It is possible to copyright an idea.

Accepted Answer

A) True 
 B)False

Question 8

A copy must be exactly the same as the original to infringe a copyright.

Accepted Answer

A) True 
 B)False

Question 9

In 2010,Online Marketing Corporation registers its trademark as provided by federal law.After the first renewal,this registration

Accepted Answer

A)  is renewable every ten years. 
B)  is renewable every twenty years. 
C)  runs for the life of the corporation plus seventy years. 
D)  runs forever. 
A)  is renewable every ten years. 
B)  is renewable every twenty years. 
C)  runs for the life of the corporation plus seventy years. 
D)  runs forever.

Question 10

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,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.

Question 11

Home Products Company and House & Yard,Inc.,use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products.Home Products and House & Yard are not in business together and do not own this mark.This mark is

Accepted Answer

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

Question 12

In the United States,a patent is given to the first person to file for it.

Accepted Answer

A) True 
 B)False

Question 13

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 14

The Madrid Protocol concerns trademarks.

Accepted Answer

A) True 
 B)False

Question 15

Ellen publishes a book titled First Place,which includes a chapter from Frank's copyrighted book Great Racecar Drivers.Ellen's use of the chapter is actionable provided

Accepted Answer

A)  consumers are confused. 
B)  Ellen's use is intentional. 
C)  Ellen's use reproduces Frank's chapter exactly. 
D)  Ellen does not have Frank's permission. 
A)  consumers are confused. 
B)  Ellen's use is intentional. 
C)  Ellen's use reproduces Frank's chapter exactly. 
D)  Ellen does not have Frank's permission.

Question 16

Ric designs a new computer hard drive,which he names "Sci Phi." He also writes the operating manual to be included with each final product.Ric could obtain patent protection for

Accepted Answer

A)  the hard drive. 
B)  the "newness" of the hard drive. 
C)  the name. 
D)  the operating manual. 
A)  the hard drive. 
B)  the "newness" of the hard drive. 
C)  the name. 
D)  the operating manual.

Question 17

A patent applicant must demonstrate that the invention,discovery,or design is commercially practicable to receive a patent.

Accepted Answer

A) True 
 B)False

Question 18

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

Accepted Answer

A) True 
 B)False

Question 19

Ross e-mails Super Snowboard Company's marketing campaign to Winter Sports Corporation,Super's competitor,without its permission.This is

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 20

Cathy uses,on her new recording Drive By,the exact note-for-note melody of a song written by Earl without his permission.This is

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.

Exam 5: Intellectual Property and Internet Law

Phil invents "PhutureNow," new Web site design software,and applies for a patent.If Phil is granted a patent,his invention will be protected

A generic term is not protected under trademark law unless it acquires a secondary meaning.

Diamond Financial Planners employs Ella,who is the firm's most productive performer.Ella,dissatisfied with the commission structure,quits to work for Feldstar Investments,Inc.She takes her list of Diamond clients to induce them to switch to Feldstar.Trade secrets law covers

A service mark distinguishes products used,or "put into service," by the government.

E-Shopping Corporation inserts Fiesta Mall,Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use.This is

A fanciful use of ordinary words may be trademarked.

It is possible to copyright an idea.

A copy must be exactly the same as the original to infringe a copyright.

In 2010,Online Marketing Corporation registers its trademark as provided by federal law.After the first renewal,this registration

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,this is

Home Products Company and House & Yard,Inc.,use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products.Home Products and House & Yard are not in business together and do not own this mark.This mark is

In the United States,a patent is given to the first person to file for it.

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 Madrid Protocol concerns trademarks.

Ellen publishes a book titled First Place,which includes a chapter from Frank's copyrighted book Great Racecar Drivers.Ellen's use of the chapter is actionable provided

Ric designs a new computer hard drive,which he names "Sci Phi." He also writes the operating manual to be included with each final product.Ric could obtain patent protection for

A patent applicant must demonstrate that the invention,discovery,or design is commercially practicable to receive a patent.

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

Ross e-mails Super Snowboard Company's marketing campaign to Winter Sports Corporation,Super's competitor,without its permission.This is

Cathy uses,on her new recording Drive By,the exact note-for-note melody of a song written by Earl without his permission.This is

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