Deck 8: Intellectual Property Rights

Question 1

A trade name can be protected under the common law,but only if it is unusual or fancifully used.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

With a few exceptions,almost anything is patentable.

Answer 3

True

Question 4

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

Question 5

A license permits the use of another's intellectual property for certain purposes.

Question 6

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

Question 7

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

Question 8

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

Question 9

All aspects of software are protected by copyright law.

Question 10

Under the Madrid Protocol,a company can register its trademark in more than one country with a single application.

Question 11

The theft of trade secrets is a federal crime.

Question 12

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

Question 13

More than two hundred years ago,the Declaration of Independence recognized the importance of protecting creative works.

Question 14

Under the Anti-Counterfeiting Trade Agreement,member nations are required to establish border measures that allow officials to search commercial shipments of imports and exports for counterfeit goods.

Question 15

Technology has limited the potential for copyright infringement via the Internet.

Question 16

Trademarks may be registered only with the federal government.

Question 17

Production techniques are not trade secrets.

Question 18

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

Question 19

States do not have trademark statutes.

Question 20

For an infringement of copyright to occur,the reproduction must be exactly the same as the original.

Question 21

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 22

Savory Bean Company makes and sells a sweet espresso coffee beverage under the name "Sugar Sugar." Tropic Roast,Inc.,later markets a similar drink under the name "Sweet Sweet." This is most likely

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

Question 23

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 24

In 2014,Kelly writes Like the Wind,a novel about marathoners and ultramarathoners.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)forever.

Question 25

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 26

Damien buys a copy of the book Exchange.Later,after reading the book,Damien sells it to his sister.Under the first sale doctrine,Damien's sale of the book is

A)legal.
B)legal only if the copyright has expired.
C)legal only if Damien sells it for less than he paid for it.
D)illegal.

Question 27

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 28

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

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

Question 29

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 30

The idea for "Prices & Profit," an app that businesses can use to control their revenue,profits,and payrolls,is protected by

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

Question 31

René operates The Spicy Chocolatier Café chain of restaurants."The Spicy Chocolatier Café" is

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

Question 32

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

A)Kamal copies the entire work.
B)Kamal distributes the copies without charge to the public.
C)Kamal's use has no effect on the market for Lorena's work.
D)Kamal's use is for a commercial purpose.

Question 33

Siri downloads and sells,in international markets via the Internet,e-textbooks without the authors' or publishers' permission.The international treaty that applies to pirated copyrighted works being distributed via the Internet is

A)the Federal Trademark Dilution Act.
B)the Madrid Protocol.
C)the Trade-Related Aspects of Intellectual Property Rights agreement.
D)the Anti-Counterfeiting Trade Agreement.

Question 34

Robyn,an employee at Social Media,Inc.,is laid off.Before he leaves,he e-mails Social Media's marketing campaign to Tweets & Trades Corporation,Social Media's competitor,without permission.This is

A)a sneaky but legal method of competing with a business rival.
B)a secretive but lawful way to exact revenge on a supervisor.
C)a simple,legitimate attempt to create a job opportunity.
D)a theft of trade secrets.

Question 35

Odell invents "Profits Unbound," new stock-trading algorithm software,and applies for a patent.If Odell 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 36

NoGas,Inc.,designs and makes a non-fuel propulsion system that copies parts of Omni Momentum Corporation's designs without Omni's permission.This is most likely

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

Question 37

Giancarlo copies Hedrick's book,Information Free,in its entirety and sells it to Justice Fair Books,Inc.,without Hedrick's permission.Justice Fair publishes it under Giancarlo's name.This is

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

Question 38

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)a likelihood of consumer confusion.
C)a generic use.
D)trademark dilution.

Question 39

Effervescent Egg Cream Company's trademark is used by Fizzy Drinks without its owner's permission.Fizzy's use of the mark is actionable provided that

A)consumers are confused.
B)Fizzy's use is intentional.
C)Fizzy and Effervescent are competitors.
D)Effervescent's mark is registered.

Question 40

In 2014,Cloud Computing 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 41

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

Question 42

In 2005,Recreation & Relaxation Corporation began making and selling all-terrain vehicles (ATVs)under the mark "R&R." Ten years later,recoveryandrehabilitation.com,Inc.,a different company selling medical equipment and supplies,begins to use "R&R" as part of its URL and registers it as a domain name.Can Recreation & Relaxation stop recoveryandrehabilitation.com's use of "R&R" If so,what must the ATV maker show