Deck 6: Intellectual Property and Internet Law

Question 1

A fanciful use of ordinary words may be trademarked.

Answer 1

True

Question 2

A suggestive use of ordinary words may be trademarked.

Answer 2

True

Question 3

It is estimated that over 25 percent of the goods imported to the United States are counterfeit.

Answer 3

False

Question 4

The state and federal governments provide for the registration of trademarks.

Question 5

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

Question 6

Trade names have the same legal protection as trademarks.

Question 7

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

Question 8

In cyberspace,trademarks are often called cyber marks.

Question 9

In cyberspace,no two businesses can use the same domain name.

Question 10

A patent applicant must demonstrate that an invention,discovery,or design is novel,useful and not obvious in light of current technology to receive a patent.

Question 11

Cybersquatting occurs when a person repeatedly visits a business's website.

Question 12

Patent infringement is a tort.

Question 13

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

Question 14

A patent may be valueless to its owner if the owner cannot afford to protect it.

Question 15

The 1995 Federal Trademark Dilution Act allowed trademark owners to bring suit in federal court for trademark dilution.

Question 16

The need to protect intellectual property is recognized in the Declaration of Independence.

Question 17

A trademark need not be registered to support a trademark infringement action.

Question 18

A trade name can be protected if it is unusual or fanciful.

Question 19

A patent and a copyright are examples of intellectual property,but a trademark is not an example of intellectual property.

Question 20

A trademark can be diluted by the use of a similar mark.

Question 21

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

Question 22

A copyright owner must place a © or an ® on the work to have the work protected from copyright infringement.

Question 23

Bubbly Cola features Sparkly Cola's trademark without its owner's permission.Bubbly's use of the mark is actionable provided

A)consumers are confused.
B)Bubbly's use is intentional.
C)Bubbly's use reduces the value of Sparkly's mark.
D)Sparkly's mark is registered.

Question 24

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java,Inc.,later markets a similar tasting drink under the name "KoKoKafe." This is most likely

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

Question 25

Ric designs a new tablet computer,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 tablet computer.
B)the "newness" of the tablet computer.
C)the name.
D)the operating manual.

Question 26

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Question 27

Pricing information cannot be a trade secret.

Question 28

Copyright protection is automatic-registration is not required.

Question 29

Information that cannot be trademarked,patented,or copyrighted can be protected as a trade secret.

Question 30

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights.

Question 31

A marketing technique can be a trade secret.

Question 32

A list of customers is not a trade secret.

Question 33

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

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

Question 34

Foreign firms cannot obtain U.S.patent protection on items that they sell in the United States.

Question 35

The owner of intellectual property may put restrictions on the use of the intellectual property in a license agreement.

Question 36

Trademarks are protected from use on noncompeting goods by the

A)Federal Trademark Dilution Act.
B)America Invents Act.
C)Anticybersquatting Consumer Protection Act.
D)Copyright Act.

Question 37

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

Question 38

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

Question 39

The TRIPS agreement covers computer programs.

Question 40

A copy need not be exactly the same as the original to infringe a copyright.

Question 41

Which of the following CANNOT be registered as a trade name?

A)Pear Blossom,Certified Public Accountant
B)Apples & Oranges,Investment Partnership
C)Banana Republic Clothing,Inc.
D)Strawberries

Question 42

In 2010,Online Marketing 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 43

John Jones decides to use his personal name for a line of clothing he is developing.Whether or not the name John Jones acquires a secondary meaning will depend on

A)how extensively John markets his line of clothing.
B)the market for John's line of clothing.
C)the number of clothing sales John makes.
D)all of the choices are correct.

Question 44

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

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

Question 45

Phil makes and markets his U.S.patented product in the United States.A Chinese firm begins making the same product in China and marketing it in China.The Chinese firm is

A)not guilty of patent infringement.
B)guilty of patent infringement.
C)guilty of trademark infringement.
D)in violation of the America Invents Act.

Question 46

Gas Up,Inc.,designs,makes,and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permis?sion.This is most likely

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

Question 47

Billy opens a bicycle shop that sells an innovative new kind of bicycle.He decides to call the bicycles "Bicycles." Billy extensively markets his product,has a high sales volume and becomes well known for selling Bicycles.The term Bicycle

A)is automatically protected against trademark infringement.
B)receives no protection against trademark infringement.
C)can be registered as a trademark to obtain protection against trademark infringement.
D)can be registered as a certification mark.

Question 48

Elvin publishes a book titled First Place,which includes a chapter from Frank's copyrighted book Great Racecar Drivers.Elvin's use of the chapter is actionable provided

A)consumers are confused.
B)Elvin's use is intentional.
C)Elvin's use reproduces Frank's chapter exactly.
D)Elvin does not have Frank's permission.

Question 49

Ryan invents a new kind of pen for taking notes in history classes.Which of the following is NOT a necessary step in obtaining a patent for Ryan's invention?

A)Proving that the invention is novel
B)Proving that the invention is marketable
C)Proving that the invention is useful
D)Proving that the invention is not obvious in light of current technology

Question 50

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms.This mark is

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

Question 51

Zoe invents "All for One," new business inventory control software,and applies for a patent.If Zoe is granted a patent,it will protect her product

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

Question 52

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government.Under federal trademark law,LCC

A)can register the mark for protection.
B)cannot register a mark that has been used in commerce.
C)has committed trademark infringement.
D)must put off registration until the mark is out of use for six months.

Question 53

Riley invents a new deep-sea fishing net,which he names "SeaMaster." He also writes the operating manual to be included with each net.Riley could obtain copyright protection for

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

Question 54

Sayers is very clever and spends lots of time creating new things.Which of the following is NOT copyrightable?

A)A sculpture of Sayers's horse.
B)A book about Sayers's life.
C)A movie about Sayers's life.
D)Sayers's idea for a new way to play the guitar.

Question 55

Trevor's business is The Spicy Chocolatier Café chain.This restaurant's name is

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

Question 56

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)not infringement.

Question 57

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 58

Jeannie runs a dude ranch called J Bar B Dude Ranch and has a website called HYPERLINK "http://www.jbarbduderanch.com" www.jbarbduderanch.com.Ben starts another dude ranch and registers a website called HYPERLINK "http://www.jbarsbduderanches.com" www.jbarsbduderanches.com.Ben is

A)cybersquatting.
B)cyberstalking.
C)not doing anything illegal.
D)counterfeiting.

Question 59

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

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

Question 60

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)no infringement.

Question 61

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

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

Question 62

Diamond Financial Planners employs Ewa,who is the firm's most productive performer.Ewa,dissatisfied with the commission structure,quits to work for Feldstar Investments,Inc.She takes her list of Diamond clients to induce them to switch to Feldstar.Trade secrets law covers

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

Question 63

James buys a copy of the book The Black Stallion.Later,after reading the book,James sells the book to his sister.James's sale of the book is

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

Question 64

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

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

Question 65

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 66

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

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

Question 67

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 68

Hawk Corporation begins making and selling motorcycles in 2000 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?

Question 69

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.

Question 70

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

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

Question 71

Caramello Chip & Cookie Corporation (4C) obtains,and gives its employees,a list of the customers of Sugar & Spice Sales,Inc.(3S).Under the law that applies to trade secrets,4C's conduct is actionable provided

A)consumers are confused.
B)4C's conduct is intentional.
C)4C uses the list.
D)4C does not have 3S's permission to use the list.

Question 72

Megan goes to visit her friend Kathleen.While visiting,Megan downloads Kathleen's copy of Photoshop onto her computer's random access memory without Kathleen's permission.Megan is guilty of

A)copyright infringement.
B)patent infringement.
C)cybersquatting.
D)trademark dilution.