Deck 4: Intellectual Property

Question 1

An arbitrary use of ordinary words may not be trademarked.

Answer 1

False

Question 2

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

Answer 2

False

Question 3

A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.

Answer 3

False

Question 4

It is not possible to copyright an idea.

Question 5

States do not have trademark statutes.

Question 6

All aspects of software are protected by copyright law.

Question 7

A trademark need not be registered to support a trademark infringement action.

Question 8

Trade names have the same legal protection as trademarks.

Question 9

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

Question 10

If anyone who is a citizen of a country that has not signed the Berne Convention first publishes a book in a signatory country, all other signatory countries must recognize the author's copyright.

Question 11

Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine.

Question 12

A trade name cannot be protected if it is unusual.

Question 13

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

Question 14

Protection of trade secrets extends both to ideas and to their expression.

Question 15

Copyright protection is automatic-registration is not required.

Question 16

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

Question 17

A patent and a copyright are examples of intellectual property, but a trademark is not an example of intellectual property.

Question 18

The theft of trade secrets is a federal crime.

Question 19

In order to be patentable, the subject must be novel, useful and non-obvious.

Question 20

Production techniques are not trade secrets.

Question 21

Patent infringement occurs only if all features or parts of a product are copied.

Question 22

A person who buys a copyrighted work cannot sell it to someone else.

Question 23

In 2016, Data Marketing, Inc., 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 24

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

Question 25

Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if​

A)P&P employees do not divulge the information to outside parties.
B)P&P employees do not handle confidential documents.
C)P&P employees never leave the company's employ.
D)the information is unique and has value to a competitor.

Question 26

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

Question 27

By using another's trademark, a business could lead consumers to believe that its goods were made by the other business.

Question 28

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast, 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 29

A service mark distinguishes products used by those in public service.

Question 30

Zoey invents "One for All," new business inventory control software, and applies for a patent. If Zoey is granted a patent, it will protect her product​

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

Question 31

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 32

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

Question 33

An exception to liability for copyright infringement is made under the "fair use" doctrine.

Question 34

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.

Question 35

The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods and pirated, copyrighted works being distributed via the Internet.

Question 36

The TRIPS agreement covers computer programs.

Question 37

A marketing technique can be a trade secret.

Question 38

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

Question 39

A personal name is protected under trademark law if it acquires a secondary meaning.

Question 40

Theft of confidential data by industrial espionage is a theft of trade secrets.

Question 41

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​

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

Question 42

Constellation Analytics Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is​

A)a certification mark.
B)a collective mark.
C)a service mark.
D)none of the choices.

Question 43

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

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

Question 44

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

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

Question 45

James buys a copy of the book Kangaroo Down, Sport. Later, after reading the book, James sells the book to his sister Laura. James's sale of the book is​

A)legal.
B)legal only if the copyright has expired.
C)legal only if Laura pays Jim less than he paid for the book.
D)illegal.

Question 46

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​

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

Question 47

Milo publishes a book titled No Equals, which includes a chapter from Paige's copyrighted book Olympic Champions. Milo's use of the chapter is actionable provided that​

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

Question 48

In 2016, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly's work is protected​

A)for ten years.
B)for twenty years.
C)for the life of the author plus seventy years.
D)not at all.

Question 49

The process behind the production of "AccountForIt," a suite of business accounting and inventory software, is protected by​

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

Question 50

Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by​

A)copyright law.
B)patent law.
C)trademark law.
D)none of the choices.

Question 51

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)a license.
D)protected expression.

Question 52

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)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 53

Reprise Entertainment, Inc., a U.S. television and movie production company, files suit against Substantivo TV, Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Both the United States and Mexico are signatories to TRIPS and under that agreement, Reprise is entitled to receive

A)better treatment than Substantivo.
B)the same rights and protections in Mexico as Substantivo.
C)nothing.
D)fewer rights and protections in Mexico than Substantivo.

Question 54

Creative Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to​

A)all aspects of the software.
B)the "look and feel" of the software.
C)those parts of the software that can be read by humans.
D)all of the choices.

Question 55

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 56

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

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

Question 57

Trade Publishing Inc. owns the rights to the Aura series of paranormal-themed novels, and publishes and sells copies in bookstores and online. Sydney buys and reads a copy of each book in the series. With regard to these copies, Sydney can​

A)sell them to someone else.
B)only sell them back to the publisher.
C)only return them to the place of purchase for a refund.
D)not sell or return them.

Question 58

GreatGro, Inc., makes genetically modified seeds with properties that are identical to Hearty Harvest Corporation's patented seeds, without Hearty Harvest's permission. This is most likely​

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

Question 59

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name "John Jones" acquires a secondary meaning will depend on​

A)how extensively John markets his line of clothing.
B)the market for John's line of clothing.
C)the number of clothing sales John makes.
D)all of the choices are correct.

Question 60

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

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.

Question 61

In his recording "Nuthing Nu," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This is​

A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)none of the choices.

Question 62

iMeeMine Inc. develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for​

A)the phone.
B)the "newness" of the device.
C)the name "Call Mee."
D)none of the choices.

Question 63

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

Question 64

Resurgent Corporation designs a new mobile device that the firm names "SyFy." The company can obtain patent protection for​

A)the device.
B)the idea for the device.
C)the name "SyFy."
D)none of the choices.

Question 65

From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels and packaging bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product to deceive buyers. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to​

A)import genuine trademarked goods.
B)traffic in counterfeit labels, stickers, and packaging.
C)sell counterfeit versions of brand-name products in foreign countries.
D)unknowingly use a counterfeit mark on goods.

Question 66

Quinn designs a new tablet computer, which he names "PhlipTop." He also writes the operating manual that is included with each final product. Quinn could obtain patent protection for​

A)the tablet.
B)all of the choices.
C)the name.
D)the operating manual.

Question 67

The idea for "Price+Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by​

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

Question 68

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 69

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is​

A)a certification mark.
B)none of the choices.
C)a service mark.
D)a trade name.

Question 70

Gold & Sweet Company bottles and sells maple syrup from its plant in Vermont. On the labels is a logo that states "100% Genuine New England Maple Syrup Certified by the Northeast Maple Syrup Harvesters Association." This logo is​

A)a certification mark.
B)none of the choices.
C)a service mark.
D)trade dress.

Question 71

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 72

Garrett makes and distributes copies of Here We Go Again, a movie copyrighted by Indie Motion Pictures, Inc. Garrett does this without Indie's permission. He may be liable for​

A)damages, fines, or imprisonment.
B)damages only.
C)fines or imprisonment only.
D)nothing.