Deck 5: Intellectual Property and Internet Law

Question 1

A patent applicant must demonstrate that the invention,discovery,or design is commercially practicable to receive a patent.

Answer 1

False

Question 2

A fanciful use of ordinary words may be trademarked.

Answer 2

True

Question 3

A collective mark distinguishes products that are likely to be of interest to collectors.

Answer 3

False

Question 4

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

Question 5

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

Question 6

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

Question 7

A trade name cannot be registered with the federal government if it is also a trademark.

Question 8

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

Question 9

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

Question 10

In Case 5.1,Coca-Cola Co.v.The Koke Co.of America,the United States Supreme Court upheld an injunction prohibiting competing beverage companies from calling their products "Koke."

Question 11

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

Question 12

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

Question 13

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

Question 14

An arbitrary use of ordinary words may not be trademarked.

Question 15

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

Question 16

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

Question 17

A suggestive use of ordinary words may not be trademarked.

Question 18

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

Question 19

In the United States,a patent is given to the first person to file for it.

Question 20

Trade dress has the same legal protection as trademarks.

Question 21

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

Question 22

Exchanging pirated,copyrighted works with others is not a crime unless money is involved.

Question 23

A marketing technique can be a trade secret.

Question 24

Paula develops a new espresso machine,which she names "Quik 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 25

It is possible to copyright an idea.

Question 26

Patent protection begins on the date that a patent is issued.

Question 27

Patent infringement occurs only if an invention is copied in its entirety.

Question 28

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

Question 29

There are no registration requirements for trade secrets.

Question 30

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 31

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

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 32

The Madrid Protocol concerns trademarks.

Question 33

Pricing information cannot be a trade secret.

Question 34

Copyright protection is automatic-registration is not required.

Question 35

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

Question 36

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

Question 37

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 38

A list of customers cannot be a trade secret.

Question 39

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

Question 40

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 41

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 42

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 43

Home Products Company and House & Yard,Inc. ,use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products.Home Products and House & Yard are not in business together and do not own this mark.This mark is

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

Question 44

In 2012,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 45

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 46

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 47

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

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

Question 48

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 49

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

Question 50

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 51

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 52

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)trade dress.

Question 53

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 54

Cathy uses,on her new recording Drive By,the exact note-for-note melody of a song written by Earl without his permission.This is

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

Question 55

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 56

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

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

Question 57

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

Question 58

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

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

Question 59

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 60

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase

A)has a secondary meaning.
B)is descriptive.
C)is generic.
D)means nothing.

Question 61

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

Question 62

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 63

The process behind the production of "Fast Pace," a racecar video game,is protected by

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

Question 64

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 65

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

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

Question 66

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 67

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 68

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?

Question 69

Diamond Financial Planners employs Ella,who is the firm's most productive performer.Ella,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)Ella's performance.
C)Feldstar's commission structure.
D)none of the choices.

Question 70

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

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

Question 71

Chocolate 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

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.