Deck 8: Intellectual Property Rights

Question 1

A trade name can be protected under the common law, but only if it is unusual or fancifully used.

Answer 1

True

Question 2

Under the Anti-Counterfeiting Trade Agreement, member nations are required to establish border measures that allow officials to search commercial shipments of imports and exports for counterfeit goods.

Answer 2

True

Question 3

Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine trademarked goods.

Answer 3

False

Question 4

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

Question 5

Trademarks may be registered only with the federal government.

Question 6

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

Question 7

The theft of trade secrets is a federal crime.

Question 8

Technology has limited the potential for copyright infringement via the Internet.

Question 9

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

Question 10

All aspects of software are protected by copyright law.

Question 11

For an infringement of copyright to occur, the reproduction must be exactly the same as the original.

Question 12

States do not have trademark statutes.

Question 13

A license permits the use of another's intellectual property for certain purposes.

Question 14

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

Question 15

Production techniques are not trade secrets.

Question 16

With a few exceptions, almost anything is patentable.

Question 17

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

Question 18

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

Question 19

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

Question 20

More than two hundred years ago, the Declaration of Independence recognized the importance of protecting creative works.

Question 21

Odell invents "Profits Unbound," new stock-trading algorithm software, and applies for a patent. If Odell 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 22

In 2014, Cloud Computing 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 23

Siri 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 24

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 25

Robyn, an employee at Social Media, Inc., is laid off. Before he leaves, he e-mails Social Media's marketing campaign to Tweets & Trades Corporation, Social Media's competitor, without permission. This is

A) a sneaky but legal method of competing with 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 26

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

A) Kamal copies the entire work.
B) Kamal distributes the copies without charge to the public.
C) Kamal's use has no effect on the market for Lorena's work.
D) Kamal's use is for a commercial purpose.

Question 27

GreatGro, Inc., makes genetically modified seeds with properties that are iden?tical to Hearty Harvest Corporation's patented seeds, without Hearty Harvest's permission. This is most likely

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

Question 28

NoGas, Inc., designs and makes a non-fuel propulsion system that copies parts of Omni Momentum Corporation's designs without Omni's permis?sion. This is most likely

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

Question 29

In 2014, Kelly writes Like the Wind, a novel about marathoners and ultramarathoners. 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) forever.

Question 30

The idea for "Prices & Profit," an app that businesses can use to control their revenue, profits, and payrolls, is protected by

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

Question 31

Gold & Sweet 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) a service mark.
D) trade dress.

Question 32

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) a likelihood of consumer confusion.
C) a generic use.
D) trademark dilution.

Question 33

Effervescent Egg Cream Company's trademark is used by Fizzy Drinks without its owner's permission. Fizzy's use of the mark is actionable provided that

A) consumers are confused.
B) Fizzy's use is intentional.
C) Fizzy and Effervescent are competitors.
D) Effervescent's mark is registered.

Question 34

René operates The Spicy Chocolatier Café chain of restaurants. "The Spicy Chocolatier Café" is

A) a certification mark.
B) none of the choices.
C) a service mark.
D) a trade name.

Question 35

Giancarlo copies Hedrick's book, Information Free, in its entirety and sells it to Justice Fair Books, Inc., without Hedrick's permission. Justice Fair publishes it under Giancarlo's name. This is

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

Question 36

Milo publishes a book titled No Equals, which includes a chapter from Paige's copyrighted book Olympic Champions. Milo's use of the chapter is actionable provided that

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

Question 37

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

A) a certification mark.
B) a trade name.
C) a service mark.
D) none of the choices.

Question 38

Savory Bean Company makes and sells a sweet espresso coffee beverage under the name "Sugar Sugar." Tropic Roast, Inc., later markets a similar drink under the name "Sweet Sweet." This is most likely

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

Question 39

Damien buys a copy of the book Exchange. Later, after reading the book, Damien sells it to his sister. Under the first sale doctrine, Damien's sale of the book is

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

Question 40

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 41

For five years, clothing makers and marketers Style-One Corporation and Trend Now, Inc., both use the phrase "Looks Great" on their labels. Style-One files a suit against Trend Now, claiming trademark infringement. Trend Now argues that the phrase generally is not associated with any particu?lar firm and that other companies use the same phrase on their labels and in their ads. In whose favor is the court most likely to rule, and why?

Question 42

In 2005, Recreation & Relaxation Corporation began making and selling all-terrain vehicles (ATVs) under the mark "R&R." Ten years later, recoveryandrehabilitation.com, Inc., a differ?ent company selling medical equipment and supplies, begins to use "R&R" as part of its URL and registers it as a domain name. Can Recreation & Relaxation stop recoveryandrehabilitation.com's use of "R&R"? If so, what must the ATV maker show?