Question 1

A trademark must be registered to support a trademark infringement action.

Accepted Answer

A) True 
 B)False

Question 2

Copy Products,Inc. ,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Imitated Goods,Inc.Copy's unauthorized use of the mark constitutes trademark dilution provided

Accepted Answer

A) consumers are confused. 
B) Copy and Imitated are competitors. 
C) Copy's use is intentional. 
D) Copy's use reduces the value of Imitated's mark.

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

Ross e-mails Super Snowboard Company's marketing campaign to Winter Sports Corporation,Super's competitor,without its permission.This is

Accepted Answer

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

Question 5

A service mark distinguishes products used,or "put into service," by the government.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

A suggestive use of ordinary words may not be trademarked.

Accepted Answer

A) True 
 B)False

Question 8

A fanciful use of ordinary words may be trademarked.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

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

Question 10

Delite Toys,Inc. ,makes EZ Goo,a famous children's toy.Without Delite'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

Accepted Answer

A) copyright infringement. 
B) patent infringement. 
C) trademark infringement. 
D) no actionable violation.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

Modern Clothing,Inc. ,and National 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.Modern and National are not in business together and do not own this mark.This mark is

Accepted Answer

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

Question 13

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name.This is

Accepted Answer

A) a license. 
B) a likelihood of consumer confusion. 
C) cybersquatting. 
D) trademark dilution.

Question 14

New Apps Company develops "Browser Lite," software to speed the display of graphics on Web sites.Browser Lite has the most copyright protection under

Accepted Answer

A) the Berne Convention. 
B) the Paris Convention 
C) the TRIPS Agreement. 
D) the Madrid Protocol.

Question 15

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

Accepted Answer

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

Question 16

Hawk Corporation begins making and selling motorcycles in 2000 under the mark "Hawk." Ten years later,Hawk.com,Inc. ,a different 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?

Accepted Answer

The answer of Hawk Corporation begins making and selling motorcycles...

Question 17

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

Accepted Answer

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

Question 18

A party who unintentionally uses the trademark of another is not liable for trademark infringement.

Accepted Answer

A) True 
 B)False

Question 19

RockStar Software,Inc. ,develops a new series of performance-related video games.This software is most likely protected by

Accepted Answer

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

Question 20

A personal name is not protected under trademark law unless it acquires a secondary meaning.

Accepted Answer

A) True 
 B)False

Exam 5: Intellectual Property and Internet Law

A trademark must be registered to support a trademark infringement action.

Copy Products,Inc. ,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Imitated Goods,Inc.Copy's unauthorized use of the mark constitutes trademark dilution provided

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

Ross e-mails Super Snowboard Company's marketing campaign to Winter Sports Corporation,Super's competitor,without its permission.This is

A service mark distinguishes products used,or "put into service," by the government.

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

A suggestive use of ordinary words may not be trademarked.

A fanciful use of ordinary words may be trademarked.

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

Delite Toys,Inc. ,makes EZ Goo,a famous children's toy.Without Delite'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 license permits the use of intellectual property for certain limited purposes.

Modern Clothing,Inc. ,and National 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.Modern and National are not in business together and do not own this mark.This mark is

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name.This is

New Apps Company develops "Browser Lite," software to speed the display of graphics on Web sites.Browser Lite has the most copyright protection under

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

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

A party who unintentionally uses the trademark of another is not liable for trademark infringement.

RockStar Software,Inc. ,develops a new series of performance-related video games.This software is most likely protected by

A personal name is not protected under trademark law unless it acquires a secondary meaning.