Deck 8: Intellectual Property and Internet Law

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

Question 3

International copyright protection exists for computer programs as "intellectual creations."

Answer 3

True

Question 4

It is possible to copyright an idea.

Question 5

State and federal governments provide for the registration of trademarks.

Question 6

A beverage company that competes with Coca-Cola Company cannot call its products "Koke."

Question 7

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

Question 8

Trade dress has the same legal protection as trademarks.

Question 9

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

Question 10

International copyright protection is automatic-even in nations that have not signed international agreements relating to intellectual property rights.

Question 11

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

Question 12

Patent protection begins on the date that a patent is issued.

Question 13

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

Question 14

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

Question 15

Copyright protection is automatic-registration is not required.

Question 16

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

Question 17

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

Question 18

An arbitrary use of ordinary words may not be trademarked.

Question 19

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

Question 20

A marketing technique can be a trade secret.

Question 21

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

Question 22

Trevor's business is The Spicy Chocolatier Café chain. "The Spicy Chocolatier Café" is

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

Question 23

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 lessens the value of Desired's mark.

Question 24

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 25

Felicia invents a new valve to cap undersea oil spills, which she names "Great Catch." She also writes the installation manual to be included with each valve. Felicia could obtain copyright protection for

A) the valve.
B) the "newness" of the valve.
C) the name.
D) the installation manual.

Question 26

Diamond Financial Planners employs Elle, Diamond's most productive performer. Elle, however, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. Elle takes her list of Diamond clients to induce them to switch to Feldstar. Laws related to trade secrets cover

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

Question 27

USA Transport Company uses a mark associated with its name to distin?guish its services from those of other transport firms. The mark is

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

Question 28

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

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

Question 29

Kim uses, on her new recording Let's Go, the guitar solo from Malcolm's digital sound recording without his permission. This is

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

Question 30

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) the hard drive only.
B) the name only.
C) the operating manual only.
D) the hard drive, the name, and the operating manual.

Question 31

Symphony, Inc., a U.S. jewelry designer and maker, files a suit against Kawa, Ltd., a Japanese jewelry maker, for the infringement of intellectual property rights under Japan's national laws. Under the TRIPS agreement, Symphony is entitled to receive

A) better treatment than Kawa.
B) the same treatment as Kawa.
C) worse treatment than Kawa.
D) nothing.

Question 32

Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great NASCAR Drivers without his permission. Ellen's use of the chapter is actionable

A) only if consumers are confused.
B) only if Ellen and Frank are competitors.
C) only if consumers are confused and Ellen and Frank are competitors.
D) regardless of whether consumers are confused or Ellen and Frank are competitors.

Question 33

Rockstar Software, Inc., develops a new series of performance-related video games. The games are most likely pro?tected by

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

Question 34

Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films Corporation, without Great Films' permission. Donna may be liable for

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

Question 35

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) none of the choices.

Question 36

Excel Goods, Inc., and Finest Products Corporation use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Excel and Finest are not in business together and do not own this mark. The mark is

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

Question 37

The process behind the production of "Numb3rs," a suite of business accounting and inventory software, is protected by

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

Question 38

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) none of the choices.

Question 39

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 memorable.

Question 40

Cathy uses, on her new recording Drive By, the melody of a song written by Ed, without Ed's permission. This is

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

Question 41

Max plots a new Batman adventure and carefully and skillfully imitates the art of DC Comics to create an authentic-looking Batman comic. Max is not affiliated with the owners of the copyright to Batman. Can Max pub?lish the comic without infringing on the owners' copyright?

Question 42

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.