Deck 8: B: Intellectual Property and Internet Law

Question 1

A service mark distinguishes products used by the government.

Answer 1

False

Question 2

In Case 8.1,The Coca-Cola Co.v.The Koke Co.of America,the United States Supreme Court permitted a Coca Cola competitor to call a product "Koke."

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

A copy must be exactly the same as the original to infringe a copyright.

Question 7

There are no registration requirements for trade secrets.

Question 8

A suggestive use of ordinary words may not be trademarked.

Question 9

Pricing information is not a trade secret.

Question 10

A trade name cannot be protected if it is unusual or fanciful.

Question 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

In determining whether copyright protection should be granted,the cen?tral issue is the idea that forms the basis for a work.

Question 17

Almost anything is patentable.

Question 18

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

Question 19

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

Question 20

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

Question 21

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

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

Question 22

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 23

Garland publishes a book titled Half Pipe,Full Throttle,which includes a chapter from Ian's copyrighted book Snowboarder.Garland's use of the chapter is actionable provided

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

Question 24

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 25

In 2011,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 26

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 and Sparkly are not otherwise competitors.
D)Sparkly's mark is registered.

Question 27

Phil invents "PhutureNow," 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 28

Elementals,Inc. ,makes computer chips iden?tical to Flik Quik Corporation's patented chip,except for slight dif?fer?ences in the "look," without Flik's permission.This is most likely

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

Question 29

In 2012,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 30

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 31

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.The mark is

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

Question 32

Like most successful companies,Paychex,Inc. ,has trade secrets.The law protects those secrets if

A)Paychex employees do not divulge the information to outside parties.
B)Paychex employees do not handle confidential documents.
C)Paychex employees never leave the company's employ.
D)the information is unique and has value to a competitor.

Question 33

The graphics used in Go! a handheld computer game featuring racing cars,is protected by

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

Question 34

Kay and Leo copy and exchange MP3 music files over the Internet with?out anyone's permission.With respect to songs owned by Natural Recording Company,this is

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

Question 35

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 36

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)not infringement.

Question 37

Switch/On Company develops "Instant," software to speed the display of graphics on Web sites."Instant" has the most copyright protection under

A)the Federal Trademark Dilution Act.
B)the Internet Corporation for Assigned Names and Numbers.
C)the Trade-Related Aspects of Intellectual Property Rights agreement.
D)the Uniform Trade Secrets Act.

Question 38

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

A)a sneaky but legal method to shock 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 39

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 40

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 41

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?

Question 42

For five years,baby-food makers Baby-One Corporation and Baby-B-Mine,Inc. ,both use the phrase "Tastes Good" on their labels.Baby-One files a suit against Baby-B-Mine,claiming trademark infringement.Baby-B-Mine argues that the phrase is not generally associated with any particu?lar firm,pointing to other companies that use the same phrase on their labels.In whose favor is the court most likely to rule,and why?