Deck 8: Intellectual Property and Internet Law

Question 1

A suggestive use of ordinary words may not be trademarked.

Answer 1

False

Question 2

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

Answer 2

False

Question 3

A fanciful use of ordinary words may be trademarked.

Answer 3

True

Question 4

Because the Internet is vast, the unauthorized use of another's mark in a domain name is generally permissible.

Question 5

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

Question 6

A license permits the use of intellectual property for certain limited purposes.

Question 7

Trade dress has the same legal protection as trademarks.

Question 8

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

Question 9

A trade name cannot be registered with the federal government unless it is also a trademark or a service mark.

Question 10

A collective mark distinguishes products that are likely to be of interest to collectors.

Question 11

An arbitrary use of ordinary words may not be trademarked.

Question 12

A certification mark distinguishes products approved, or "certified," by the government.

Question 13

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

Question 14

A party who unintentionally uses the trademark of another is not li?able for trademark infringement.

Question 15

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

Question 16

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

Question 17

In the United States, a patent is given to the first person to invent a product or process.

Question 18

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

Question 19

A generic term receives no protection under trademark law unless it acquires a secondary meaning.

Question 20

In Case 8.1, The Coca-Cola Co. v. The Koke Co. of America, the United States Supreme Court permitted a Coca Cola Company competitor to call a product "Koke."

Question 21

Exchanging pirated, copyrighted works with oth?ers is a not crime unless money is involved.

Question 22

Patent infringement occurs only if an invention is copied in its entirety.

Question 23

A marketing technique is a trade secret.

Question 24

It is possible to copyright an idea.

Question 25

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

Question 26

There are no filing requirements for trade secrets.

Question 27

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

A) can register the mark for protection.
B) cannot register a mark that has been used in commerce.
C) has committed trademark infringement.
D) must put off registration until the mark is out of use for six months.

Question 28

A person who distributes file-sharing software is not liable for a resulting act of infringement by a third party.

Question 29

In 2011, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration

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 30

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Question 31

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely

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

Question 32

Pricing information is not a trade secret.

Question 33

Paula develops a new espresso machine, which she names "Quik Shot." She also writes the operating manual. Paula can obtain trademark protection for

A) the espresso machine.
B) the "newness" of the espresso machine.
C) the name.
D) the operating manual.

Question 34

A list of customers' names and addresses is not a trade secret.

Question 35

Sincere Forms, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Desired Objects, Inc. Sincere's unauthorized use of the mark constitutes trademark dilution provided

A) consumers are confused.
B) Sincere and Desired are competitors.
C) Sincere's use is intentional.
D) Sincere's use reduces the value of Desired's mark.

Question 36

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

Question 37

Almost anything is patentable.

Question 38

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.

Question 39

Anyone who writes a book has automatic copyright protection in every country in the world.

Question 40

Copyright protection is automatic-registration is not required.

Question 41

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

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 42

Delite Toys, Inc., makes EZ Goo, a famous children's toy. Without Delite's consent, Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed

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

Question 43

Fiona invents a new deep-sea fishing net, which she names "Great Catch." She also writes the operating manual to be included with each net. Fiona could obtain copyright protection for

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

Question 44

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

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

Question 45

RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided

A) consumers are confused.
B) Steel's conduct is intentional.
C) Steel's conduct reduces the value of RiteMade's design.
D) RiteMade's design is patented.

Question 46

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is

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

Question 47

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

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

Question 48

Sights Unseen, Inc., (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Corporation later begins to sell scopes with identical set-ups of lenses and mirrors, without SUI's permission, to consumers. This is most likely

A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) not infringement.

Question 49

Joey reproduces Mina's copyrighted work without paying royalties. Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if

A) Joey copies the entire work.
B) Joey distributes the copies freely to the public.
C) Joey's use has no effect on the market for Mina's work.
D) Joey's use is for a commercial purpose.

Question 50

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

A) consumers are confused.
B) Bubbly's use is intentional.
C) Sparkly's mark is not distinct from all competing marks.
D) Sparkly's mark is registered.

Question 51

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

Question 52

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

Question 53

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase

A) has a secondary meaning.
B) is descriptive.
C) is generic.
D) is novel and not obvious.

Question 54

Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. This mark is

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

Question 55

The graphics used in "Go!," a handheld video game featuring racecars, are protected by

A) copyright law.
B) patent law.
C) trademark law.
D) trade secrets law.

Question 56

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. Most appropriate for patent protection is

A) the hard drive.
B) the "newness" of the hard drive.
C) the hard drive's algorithms.
D) the operating manual.

Question 57

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

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

Question 58

In 2011, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara's work is protected

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

Question 59

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

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

Question 60

Ethel's Breakfast Café uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is

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

Question 61

The process behind the production of "Fast Pace," a racecar video game, is protected by

A) copyright law.
B) patent law.
C) trademark law.
D) trade secrets law.

Question 62

New Apps Company develops "Browser Lite," software to speed the display of graphics on Web sites. Browser Lite has the most copyright protection under

A) the Berne Convention.
B) the Paris Convention
C) the TRIPS Agreement.
D) the Uniform Trade Secrets Act.

Question 63

Kay and Leo copy and exchange MP3 music files over the Internet with?out anyone's permission. With respect to songs owned by Musicians Recording Company, this is

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

Question 64

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

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

Question 65

Kim uses, on her new recording Drive By, the guitar solo from Alex's sound recording without his permission. This is

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

Question 66

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of which publications should be included. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation What is CCS's likely defense How is a court most likely to rule Explain.

Question 67

The idea for "On Your Mark," a computer game featuring racing cars, is protected by

A) copyright law.
B) patent law.
C) trademark law.
D) trade secrets law.

Question 68

Hawk Corporation begins making and selling motorcycles in 2000 under the mark "Hawk." Ten years later, Hawk.com, Inc., a different company selling medical equipment and supplies, begins to use "hawk" as part of its URL and registers it as a domain name. Can Hawk Corporation stop Hawk.com's use of "hawk" If so, what must the motorcycle-maker show

Question 69

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

Question 70

Chocolate Chip Cookie Corporation (4C) obtains, and gives its employees, a list of the customers of Sugar & Spice Sales, Inc. (3S). Under the law that applies to trade secrets, 4C's conduct is actionable provided

A) consumers are confused.
B) 4C's conduct is intentional.
C) 4C uses the list.
D) 4C does not have 3S's permission to use the list.

Question 71

Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by

A) all of the signatories of the Berne Convention.
B) Canada and the United States only.
C) Canada only.
D) none of the signatories of the Berne Convention.

Question 72

RockStar Software, Inc., develops a new series of performance-related video games. This software is most likely pro?tected by

A) copyright law.
B) patent law.
C) trademark law.
D) trade secrets law.