Deck 29: Intellectual Property

Question 1

Trade names have the same legal protection as trademarks.

Answer 1

True

Question 2

A trade name cannot be protected if it is unusual.

Answer 2

False

Question 3

Counterfeit goods are in fact sometimes genuine.

Answer 3

False

Question 4

Patent infringement occurs only if all features or parts of a product are copied.

Question 5

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

Question 6

A service mark distinguishes products used by those in public service.

Question 7

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

Question 8

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

Question 9

It is not possible to copyright an idea.

Question 10

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.

Question 11

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

Question 12

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

Question 13

States do not have trademark statutes.

Question 14

A patent applicant must demonstrate that an invention is marketable to receive a patent.

Question 15

An arbitrary use of ordinary words may not be trademarked.

Question 16

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

Question 17

By using another's trademark, a business could lead consumers to believe that its goods were made by the other business.

Question 18

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

Question 19

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

Question 20

With a few exceptions, almost anything is patentable.

Question 21

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

Question 22

Copyright protection is automatic-registration is not required.

Question 23

A marketing technique can be a trade secret.

Question 24

A person who buys a copyrighted work cannot sell it to someone else.

Question 25

The theft of trade secrets is a federal crime.

Question 26

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

Question 27

All aspects of software are protected by copyright law.

Question 28

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that​

A) ​consumers are confused.
B) ​Sleek Feet and Thor are competitors.
C) ​Sleek Feet's use is intentional.
D) ​Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.

Question 29

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

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

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

Question 32

The TRIPS agreement covers computer programs.

Question 33

From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to​

A) ​import genuine trademarked goods.
B) ​traffic in counterfeit packaging.
C) ​sell counterfeit versions of brand-name products in foreign countries.
D) ​unknowingly buy goods with a counterfeit mark.

Question 34

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

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

Question 35

The Anti-Counterfeiting Trade Agreement applies to pirated, copyrighted works being distributed via the Internet.

Question 36

AllforOne Inc. develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for​

A) ​the phone.
B) ​the "newness" of the device.
C) ​the name "OneforAll."
D) ​none of the choices.

Question 37

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 38

Protection of trade secrets extends both to ideas and to their expression.

Question 39

Production techniques are not trade secrets.

Question 40

An exception to liability for copyright infringement is made under the "fair use" doctrine.

Question 41

Constellation Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is

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

Question 42

Mary Kate Inc. 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 43

Resurgent Corporation designs a new mobile device that the firm names "SyFye." The company can obtain patent protection for

A) ​the device.
B) ​the idea for the device.
C) ​the name "SyFye."
D) ​none of the choices.

Question 44

Trade Publishing Inc. owns the rights to the Aura series of paranormal-themed novels, and publishes and sells copies in bookstores and online. Sydney buys and reads a copy of each book in the series. With regard to these copies, Sydney can

A) ​sell them to someone else.
B) ​only sell them back to the publisher.
C) ​only return them to the place of purchase for a refund.
D) ​not sell or return them.

Question 45

Garrett makes and distributes copies of Here We Go Again, a movie copyrighted by Indie Motion Pictures, Inc. Garrett does this without Indie's permission. He may be liable for

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

Question 46

Sweetleaf Company bottles and sells maple syrup from its plant in Vermont. On the labels is a logo that states "100% Genuine New England Maple Syrup Certified by the Northeast Maple Syrup Harvesters Association." This logo is

A) ​a certification mark.
B) ​none of the choices.
C) ​none of the choices.
D) ​trade dress.

Question 47

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 48

Gro, Inc., makes genetically modified seeds with properties that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

A) ​copyright infringement.
B) ​patent infringement.
C) ​trademark infringement.
D) ​not infringement.

Question 49

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 50

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a

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

Question 51

Louie invents "Market Up," new business inventory control software, and applies for a patent. If Louie is granted a patent, it will protect the product

A) ​for ten years.
B) ​for twenty years.
C) ​for the life of Louie plus seventy years.
D) ​until the next software upgrade.

Question 52

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 53

Sui Generis, Inc. (SGI), designs and sells solar energy cells to research laboratories, commercial businesses, and individual consumers. Later, without SGI's permission, Mimic Company begins to sell cells of identical design to the same markets. This is most likely​

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

Question 54

In his recording "Nothing Nu 4U," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This is

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

Question 55

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

A) ​a license.
B) ​likely to confuse consumers.
C) ​trademark infringement.
D) ​trademark dilution.

Question 56

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 57

Moe applies nano technology to invent a device that reduces the half-life of spent plutonium rods used in nuclear-fuel reactors. He names the device "Halftime." He also writes Nano Nukes, a book about this invention and other uses for nano technology. Moe can obtain copyright protection for​

A) ​the device.
B) ​all of the choices.
C) ​the name "Halftime."
D) ​the book Nano Nukes.

Question 58

Data Marketing, Inc., 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 59

In 2017, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly's work is protected

A) ​for ten years.
B) ​for twenty years.
C) ​for the life of the author plus seventy years.
D) ​until a revised or updated edition is issued.

Question 60

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

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

Question 61

Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if

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

Question 62

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

A) ​copyright law.
B) ​patent law.
C) ​none of the choices.
D) ​trade secrets law.

Question 63

Galileo buys a copy of the book Hip Hop. Later, after reading the book, Galileo sells the book to his sister Inez. This 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

Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by

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

Question 65

Reprise, Inc., a U.S. video production company, files a suit against Substantivo TV, Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Under the TRIPS agreement, Reprise is entitled to receive

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

Question 66

The idea for "Price + Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

A) ​copyright law.
B) ​patent law.
C) ​none of the choices.
D) ​trade secrets law.

Question 67

Ky downloads and sells, in international markets via the Internet, e-textbooks without the authors' or publishers' permission. The international treaty that applies to pirated copyrighted works being distributed via the Internet is

A) ​the Federal Trademark Dilution Act.
B) ​the Madrid Protocol.
C) ​the Trade-Related Aspects of Intellectual Property Rights agreement.
D) ​the Anti-Counterfeiting Trade Agreement.

Question 68

Mace copies Nick's book, Off the Road, 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 69

Marlo publishes a book titled No Equals, which includes aChapter from Paige's copyrighted book Olympic Champions. Marlo's use of theChapter is actionable provided that

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

Question 70

Creation Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to

A) ​all aspects of the software.
B) ​the "look and feel" of the software.
C) ​those parts of the software that can be read by humans.
D) ​all of the choices.

Question 71

Duplos College Bookstore compiles, copies, and sells reading materials to students. The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students. The copied materials include texts published by Ebooks, Inc. Duplos does not obtain the permission of Ebooks, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Ebooks and others file a suit against Duplos, alleging infringement of their intellectual property rights. Which type of intellectual property is involved in this situation? What is Duplos's likely defense? How is a court most likely to rule? Explain.

Question 72

Hua plots a new Iron Man adventure and carefully and skillfully imitates the art of Marvel Comics to create an authentic-looking Iron Man graphic novel. Hua is not affiliated with the owners of the copyright to Iron Man. Can Hua publish the novel as his own work without infringing on the owners' copyright?