Deck 5: Intellectual Property and Internet Law

Question 1

To establish trademark dilution,an alleged infringer's use of a mark identical to a "famous" mark must actually reduce the value of that mark.

Answer 1

False

Question 2

A dilution cause of action requires proof that consumers are likely to be confused by a connection between a trademark and its unauthorized use.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

A certification mark is used to distinguish products produced by the federal government from those produced by private corporations.

Question 5

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

Question 6

Federal law prohibits the unauthorized commercial use of a trademark.

Question 7

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

Question 8

An arbitrary use of ordinary words may not be trademarked.

Question 9

Trade dress has the same legal protection as trademarks.

Question 10

A service mark is used to distinguish products produced by the federal government from those produced by private corporations.

Question 11

A fanciful use of ordinary words may be trademarked.

Question 12

The unauthorized use of a "famous" trademark is prohibited only if the unauthorized user competes directly with the owner of the mark.

Question 13

A trade name cannot be registered with the federal government if it is also a trademark.

Question 14

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

Question 15

A suggestive use of ordinary words may not be trademarked.

Question 16

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

Question 17

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

Question 18

A collective mark is used to distinguish the services of one person or company from those of another.

Question 19

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

Question 20

In Case 5.1,The Coca-Cola Co.v.The Koke Co.of America,the United States Supreme Court upheld an injunction prohibiting competing beverage companies from calling their products "Koke."

Question 21

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

Question 22

It is possible to copyright an idea.

Question 23

A patent cannot be obtained for a plant or an animal.

Question 24

Pricing information cannot be a trade secret.

Question 25

In determining whether a use of a copyrighted work is infringement under the "fair use" doctrine,the least important factor is the effect of the use on the market for the work.

Question 26

A formula for a chemical compound can be a trade secret.

Question 27

A list of customers cannot be a trade secret.

Question 28

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

Question 29

In determining whether copyright protection should be granted,what is copyrightable is the particular way in which an idea is expressed.

Question 30

Original,Inc. ,sells its product under the name "Phido." Quik Corporation begins to market an identical product under the name "Fido." This is

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

Question 31

The TRIPS agreement includes copyright protection for computer programs.

Question 32

Loading a file into a computer's random access memory constitutes the making of a "copy" for purposes of copyright law.

Question 33

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

A)the machine only.
B)the machine,the name,and the manual.
C)the name only.
D)the manual only.

Question 34

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

Question 35

An American who writes a book has copyright protection in every country in the world.

Question 36

The theft of trade secrets is not a crime unless a contract is breached.

Question 37

Intentionally taking and distributing pirated,copyrighted works to oth?ers is a crime.

Question 38

Aero Cola features Bubbly Cola's trademark without its owner's permission.Dana buys a bottle of Aero Cola.The mark has been infringed by

A)Aero.
B)Bubbly.
C)Dana.
D)none of the choices.

Question 39

In 2009,Digito E Corporation renews its trademark registration as provided by federal law.This registration provides protection

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

Question 40

In Case 5.1,The Coca-Cola Co.v.The Koke Co.of America,when the Koke Company of America marketed its cola product under the name "Koke," it infringed the Coca-Cola Company's

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

Question 41

Gamma Corporation allows Kappa Company to use Gamma's trademark as part of Kappa's domain name.This is

A)a license.
B)an injunction.
C)dilution.
D)litigious.

Question 42

Ernie's Good Eatin' Cafe 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 43

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

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

Question 44

Mod Clothing,Inc. ,and Natty 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.Mod and Natty 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 45

Ellen publishes a book titled First Place,which includes a chapter from Frank's copyrighted book Great Racecar 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 46

Energo,Inc. ,designs and makes a fuel injection system that copies Fuel-In Corporation's designs without Fuel-In's permis?sion.This is most likely

A)copyright infringement.
B)patent infringement.
C)service mark infringement.
D)trademark infringement.

Question 47

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

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

Question 48

Delightful Toys,Inc. ,makes EZ Goo,a children's toy.Without Delightful'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 dilution.
D)none of the choices.

Question 49

In 2009,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 50

Delta,Inc. ,copies Eagle Corporation's patented invention in its entirety.Delta sells it as its own invention to First Products Company,without Eagle's permission.Eagle's patent is infringed by

A)Delta and First.
B)Delta only.
C)First only.
D)neither Delta nor First.

Question 51

Copy Products,Inc. ,uses,in its ads,a trademark that is similar,but not identical,to a distinctive mark used by Durable Goods,Inc.Copy's use of the mark is actionable

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

Question 52

George owns Murphy's Grill,a restaurant in a small town in Ohio.Without George's consent,Food Business,Inc. ,opens a club in New York City called Murphy's and begins to use "murphys" as part of the URL for the club's Web site.Food Business has committed

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

Question 53

Precise Factory Machinery,Inc. ,obtains a patent on a drill press.Quackley Equipment Company copies the design.This patent is infringed

A)only if Quackley copies the press in its entirety.
B)only if Quackley sells the press in the market.
C)only if Quackley copies the press in its entirety and sells it.
D)regardless of whether Quackley copies the press in its entirety or sells it.

Question 54

USA Transport Company uses a mark associated with its name to distinguish 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 55

Phil invents 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 56

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 57

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 58

Finest Products Company and Great Goods,Inc. ,use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products.Finest and Great 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 59

Rory designs a new computer hard drive,which he names "Sci Phi." He also writes the operating manual to be included with each final product.Rory 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 60

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 manual only.
B)the name only.
C)the net only.
D)the manual,the net,and the name.

Question 61

Pekabou Corporation hacks into Qualita Data Company's computers and downloads confidential business data.There is no contract between Pekabou and Qualita regarding the data.This is

A)patent infringement .
B)trademark infringement.
C)trade secrets theft.
D)none of the choices.

Question 62

Abby and Ben copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Charter Recording Company,this is

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

Question 63

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 64

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

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

Question 65

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 66

Carol buys Dan's book,Expedition!,photocopies more than half of it without his permission,and sells the copies without paying him royalties.This is

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

Question 67

Blog magazine buys and publishes an article by Cleo.Later,Blog markets a Web site database that contains a compilation of Blog articles,including Cleo's,without her consent.Blog has committed

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

Question 68

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

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

Question 69

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 70

Rita copies Sam's book,Two for the Show,in its entirety and sells it to USA Books,Inc. ,without Sam's permission.USA publishes it under Rita's name.Sam's copyright is infringed by

A)Rita only.
B)USA only.
C)Rita and USA.
D)none of the choices.

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

Hawk Corporation begins making and selling motorcycles in 1995 under the mark "Hawk." Ten years later,Hawk.com,Inc. ,a differ?ent 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?