Deck 6: Intellectual Property

Question 1

A trade name is used to indicate all or part of a business's name.

Answer 1

True

Question 2

Trademark dilution requires proof of consumer confusion .

Answer 2

False

Question 3

A patent applicant must demonstrate that an invention is useful to receive a patent.

Answer 3

True

Question 4

A descriptive term is protected under trademark law if it acquires a secondary meaning.

Question 5

The need to protect certain types of intellectual property is recognized in the U.S. Constitution.

Question 6

The products involved in a trademark dilution suit must be similar.

Question 7

Intellectual property is property resulting from intellectual, creative processes.

Question 8

Counterfeit goods are problematic for firms but have no potential to present serious risks to public health.

Question 9

The unauthorized use of another's mark in a meta tag constitutes trademark infringement.

Question 10

Fanciful trademarks are sometimes considered to be among the most distinctive trademarks.

Question 11

The first person to file an application for a patent receives patent protection against later filers.

Question 12

Certain business processes are patentable.

Question 13

Once a manufacturer's trademark is established, another manufacturer may use it without permission.

Question 14

Service marks are protected differently than trademarks.

Question 15

The unauthorized use of another's mark in a domain name constitutes trademark infringement.

Question 16

Trademark infringement occurs when someone fully or to a substantial degree uses a protected trademark without permission.

Question 17

With respect to a patented process, all steps or their equivalent must be copied for infringement to occur.

Question 18

Cybersquatting is legal when the person offering for sale a domain name that is the same as another's trademark intends to profit from the sale.

Question 19

Trademark infringement seeks to prevent consumer confusion regarding the source of the trademark.

Question 20

Only the federal government provides for the registration of trademarks .

Question 21

Certain business processes are copyrightable.

Question 22

Pricing information can be a trade secret.

Question 23

File-sharing can be used to download others' stored music files without raising copyright issues.

Question 24

A copyright owner who sells a copy of a book retains the right to control the distribution of that book to subsequent owners.

Question 25

Every member country of the Berne Convention must recognize the copyrights of authors who are citizens of other member countries.

Question 26

A license allows the use of the patented idea for certain specified purposes.

Question 27

Works created before January 1, 1978, receive no copyright protection.

Question 28

Tapping into a competitor's computer to appropriate confidential business information is a theft of trade secrets.

Question 29

Material on the Internet, including software and database information, is not copyrightable .

Question 30

Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely

A) copyright infringement .
B) patent infringement .
C) trademark infringement .
D) trade secret infringement.

Question 31

Without permission, Race Runners Inc. uses a trademark that is similar to the registered mark of rival shoe company Swiftfoot, Inc. This use of the mark could constitute

A) patent infringement.
B) theft of trade secret.
C) copyright infringement .
D) trademark dilution.

Question 32

Information must be trademarked, patented, or copyrighted before it is eligible to receive protection as a trade secret.

Question 33

If information makes a company unique and would have value to a competitor it can potentially be considered a trade secret.

Question 34

Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include

A) a catchy phrase, such as "Stuff your home with Home Stuff!"
B) the shape of a container, even if it does not aid in product identification .
C) use of another party's established trademark, with or without permission.
D) the size and weight of the company's products .

Question 35

An individual can circumvent encryption software or other technological antipiracy protection as long as he or she gives notice to the copyright holder beforehand.

Question 36

The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods, but does not yet apply to counterfeit works distributed online.

Question 37

To obtain copyright protection under federal law, a work must be original.

Question 38

The TRIPS agreement applies to computer programs.

Question 39

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is potentially actionable as trademark infringement

A) if consumers are likely to be confused by a connection between the unauthorized use and the mark.
B) if Tacos del Mar considered its trademark a trade secret.
C) only if the two companies' products are identical .
D) only if the trademark was considered fanciful by the court .

Question 40

Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. These publications are produced by a uniquely efficient process that includes a newly invented 3-D printer. Phoenix could most likely obtain trademark protection for its

A) logo.
B) logo and printer.
C) printing process.
D) printer and printing process.

Question 41

Pat invents a new type of pillow and obtains a patent for it. Quiet Rest Inc. believes that Pat's invention infringes on the firm's previously patented cushion. After issuance, a challenge to a patent must be brought within

A) nine months.
B) twenty years.
C) the life of the inventor plus 70 years.
D) no specific time.

Question 42

Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones , changes the names of the main characters, and publishes the result as her own work. This is

A) copyright infringement.
B) a "fair use."
C) a legitimate creative act.
D) patent infringement.

Question 43

Stacy creates unique graphic works that feature characters of her own imagination. Copyright protection for Stacy's work is

A) not possible.
B) automatic.
C) available only on registration with the U.S. Copyright Office.
D) enforceable only if Stacy places a circled "c" on the work.

Question 44

Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime

A) only if the counterfeit products have negative effects on legitimate businesses.
B) only if the counterfeit products present serious public health risks.
C) under all circumstances.
D) under no circumstances.

Question 45

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

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

Question 46

Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is

A) nationwide.
B) limited to Gargantua's home state.
C) limited to Gargantua's market.
D) limited to those who have actual notice of it.

Question 47

Apex Electrical Inc. in Missouri and Apex Foundations LLC in New Jersey each own the trademark "Apex." The domain name apex.com can be used on the Internet by

A) only one business.
B) both businesses but no others.
C) neither business.
D) both businesses and any others that own the mark.

Question 48

To be protected under the Copyright Act, a work must be

A) an inseparable idea and expression.
B) original and fixed in a durable medium.
C) a concept, principle, or discovery.
D) treated as a secret by the creator.

Question 49

Roman registers a domain name-sweetfriedpotatos.com-that is confusingly similar to the trademark of Sweet Fried Potatoes Inc. Roman has a "bad faith intent" to profit from the mark by selling the domain name to the mark's owner. This is

A) a legitimate business practice.
B) illegal cybersquatting.
C) a bid to obtain a license.
D) trademark dilution.

Question 50

The word "Facemaker" used in reference to a chain of beauty stores is sufficiently fanciful to obtain protection as

A) a copyright.
B) a trade secret .
C) a service mark .
D) a trade name.

Question 51

Works that are copyrightable include

A) books .
B) music videos .
C) product packaging .
D) all of the choices .

Question 52

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's authorization to sell imitation frozen desserts. Berry has a cause of action against

A) Crabapple.
B) the U.S. Patent and Trademark Office.
C) consumers who are deceived by Crabapple's use of Berry's mark.
D) competitors who use their own trademarks in a similar industry.

Question 53

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

A) a copyright.
B) a trade secret .
C) a service mark .
D) a trade name.

Question 54

Jim Johnson forms a dog walking business and advertises his services using a canine character called "Super Dawg." The advertisements featuring "Super Dawg" feature Johnson's name, address, and phone number for customers to contact. "Super Dawg" is most likely protectable as a

A) trademark.
B) copyright.
C) service mark.
D) commercial mark.

Question 55

Don One decides to use his personal name for a line of clothing he is developing. In this circumstance, Don One will receive trademark protection under the law when

A) Don begins to market his line of clothing.
B) customers begin to associate the name with the source of the product.
C) Don begins to make his line of clothing.
D) Don registers with the relevant trademark office.

Question 56

Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC and then offers to sell the domain name to the mark's owner. Outsourcing's use of Resourcing's mark is

A) cybersquatting.
B) a meta tag.
C) a service mark.
D) a trade name.

Question 57

McPhail Corporation allows Piston Company to incorporate McPhail's patented fuel-injection system into Piston's product. This is

A) a license .
B) copyright infringement .
C) trademark infringement .
D) patent infringement .

Question 58

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

A) a copyright.
B) a trade secret .
C) a service mark .
D) a trade name.

Question 59

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is

A) a patent .
B) a trademark .
C) a copyright.
D) a trade secret .

Question 60

Engines 4 Sale LLC, an auto broker, uses the trademark of Ford Motor Corporation in a meta tag without Ford's permission. This is

A) cybersquatting.
B) a legitimate business practice.
C) trademark infringement.
D) trademark dilution.

Question 61

"Dawn" is a song included in the sound track of "eDay," a movie produced and distributed by FasTrac Corporation. The song features a digital sampling of a few seconds of the guitar solo of one of George Harrison's copyrighted sound recordings without permission. Does this digital sampling constitute copyright infringement on the part of FasTrac? Explain.

Question 62

URL LLC is an Internet service provider. URL is liable for the copyright infringement of a subscriber

A) under all circumstances.
B) under no circumstances.
C) only if URL learns of the infringement and takes no action to stop it.
D) only if the owner of the infringed copyright pursues a claim against URL.

Question 63

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. 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 64

Without authorization, Omar downloads music into his computer's random access memory, or RAM. This is most likely

A) copyright infringement .
B) trademark infringement .
C) patent infringement.
D) not infringement of intellectual property.

Question 65

Information that may be protected as trade secrets includes

A) customer lists .
B) pricing information .
C) marketing techniques .
D) all of the choices .

Question 66

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

A) the information is protected by patent law.
B) P&P employees do not handle confidential documents.
C) P&P employees never leave the company's employ.
D) the information is unique, treated as a secret, and is commercially valuable.

Question 67

Leigh buys Masters of Business , a copyrighted book. Under the first sale doctrine, Leigh can legally

A) sell the book to another person.
B) republish the book as his own work.
C) control the distribution of other copies of the book.
D) sell a license to create new copies of the book.

Question 68

Smart Minds Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to

A) the overall structure, sequence, and organization of the app .
B) the parts of the app that can be read by computers .
C) the parts of the app that can be read by humans .
D) all of the choices .

Question 69

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 70

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

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

Question 71

Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely

A) copyright infringement.
B) a "fair use."
C) legal only on a payment of royalties to Bette.
D) legal only on a payment of royalties to City Orchestra.

Question 72

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

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