Deck 8: Intellectual Property and Internet Law

Question 1

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

Answer 1

False

Question 2

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

Answer 2

False

Question 3

A dilution cause of action requires proof that consumers are likely to be confused by a connection between a trademark and its unauthorized use.

Answer 3

False

Question 4

The unauthorized use of a "famous" trademark is prohibited only if the unauthorized user competes directly with the owner of the mark.

Question 5

To establish dilution, an alleged infringer's use of a "famous" mark must actually reduce the value of the mark.

Question 6

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

Question 7

An arbitrary use of ordinary words may not be trademarked.

Question 8

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

Question 9

A patent cannot be obtained for software.

Question 10

A suggestive use of ordinary words may not be trademarked.

Question 11

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

Question 12

A fanciful use of ordinary words may be trademarked.

Question 13

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

Question 14

A party who unintentionally uses the trademark of another is not li?able for trademark infringement.

Question 15

Federal law prohibits the unauthorized commercial use of a trademark.

Question 16

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

Question 17

Trade dress has the same legal protection as trademarks.

Question 18

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

Question 19

A service mark distinguishes products used by the government.

Question 20

A personal name is protected under trademark law if it acquires a secondary meaning.

Question 21

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

Question 22

Intentionally distributing pirated, copyrighted works is a crime.

Question 23

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

Question 24

In determining whether copyright protection should be granted, the cen?tral issue is the way in which a particular idea is expressed.

Question 25

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 26

A list of customers is not a trade secret.

Question 27

A nation that is a party to the TRIPS agreement may discriminate against the foreign owners of intellectual property rights in favor of its own citizens.

Question 28

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

Question 29

A formula for a chemical compound can be a trade secret.

Question 30

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

Question 31

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

Question 32

It is possible to copyright an idea.

Question 33

Loading a file into a computer's random access memory constitutes the making of a "copy" for purposes of copyright law.

Question 34

The TRIPS agreement includes copyright protection for computer programs.

Question 35

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

Question 36

Pricing information is not a trade secret.

Question 37

Intentionally distributing pirated, copyrighted works is not a crime.

Question 38

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

Question 39

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

Question 40

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

Question 41

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 42

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 43

Gamma Corporation allows Kappa Company to use Gamma's trademark as part of Kappa's domain name. This is

A) a license.
B) an injunction.
C) dilution.
D) litigious.

Question 44

USA Transport Company uses a mark associated with its name to distin?guish its services from those of other transport firms. The mark is

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

Question 45

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) none of the choices.

Question 46

National Consumer Company (NCC) uses a trademark that neither NCC nor anyone else has registered with the government. Under federal trademark law, NCC

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 postpone registration until the mark is out of use for six months.

Question 47

Original, Inc., sells its product under the name "Phido." Quik Corporation begins to market a similar product under the name "Fido." This is

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

Question 48

In Case 8.1, The Coca-Cola Co. v. The Koke Co. of America, when the Koke Company of America marketed its cola product under the name "Koke," it infringed the Coca-Cola Company's

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

Question 49

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 50

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 51

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) none of the choices.

Question 52

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

A) the espresso machine only.
B) the espresso machine, the name, and the operating manual.
C) the name only.
D) the operating manual only.

Question 53

In 2008, Digital Equipment Corporation registers its trademark as pro?vided by federal law. This registration provides protection

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

Question 54

Ric designs a new computer hard 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 hard drive only.
B) the name only.
C) the operating manual only.
D) the hard drive, the name, and the operating manual.

Question 55

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) none of the choices.

Question 56

Excel Goods, Inc., and Finest Products Corporation use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Excel and Finest 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 57

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 58

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 59

Integrity Products, Inc., obtains a patent on a valve. Jiffy-Make Company copies the design. This patent is infringed

A) only if Jiffy-Make copies the valve in its entirety.
B) only if Jiffy-Make sells the valve in the market.
C) only if Jiffy-Make copies the valve in its entirety and sells it.
D) regardless of whether the valve is copied in its entirety or sold.

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) is memorable.

Question 61

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

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

Question 62

Creative Marketing Corporation (CMC) obtains, and gives its employees, a list of the customers of Dandy Sales, Inc. (DSI), without DSI's permission. Under the law that applies to trade secrets, CMC's use of the list is actionable

A) only if CMC and DSI are competitors.
B) only if DSI's customers are confused.
C) only if CMC and DSI are competitors and DSI's customers are confused.
D) regardless of whether CMC and DSI are competitors or DSI's customers are confused.

Question 63

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 64

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 65

Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has most likely committed

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

Question 66

Cathy uses, on her new recording Drive By, the melody of a song written by Ed, without Ed's permission. This is

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

Question 67

Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films Corporation, without Great Films' permission. Donna may be liable for

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

Question 68

In 2008, 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 69

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 manual only.
B) the name only.
C) the net only.
D) the manual, the net, and the name.

Question 70

Alpha 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) none of the choices.

Question 71

Rockstar Software, Inc., develops the software for a new series of computer games. Under the law that applies to trade secrets, this software is pro?tected in

A) its idea only.
B) its expression only.
C) its idea and its expression.
D) none of the choices.

Question 72

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 73

Rita copies Sam's book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam's permission. USA publishes it under Rita's name. This is

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

Question 74

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 75

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) Canada only.
B) Canada and the United States only.
C) all of the signatories of the Berne Convention.
D) none of the choices.

Question 76

Diamond Financial Planners employs Elle, Diamond's most productive performer. Elle, however, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. Elle takes her list of Diamond clients to induce them to switch to Feldstar. Laws related to trade secrets cover

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

Question 77

Carol buys Dan's book, Expedition!, photocopies more than half of it without his permission, and sells the copies without paying him royalties. This is most likely

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

Question 78

Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great Racecar Drivers without his permission. Ellen's use of the chapter is actionable

A) only if consumers are confused.
B) only if Ellen and Frank are competitors.
C) only if consumers are confused and Ellen and Frank are competitors.
D) regardless of whether consumers are confused or Ellen and Frank are competitors.

Question 79

Jewel Software, Inc., a U.S. manufacturer, files a suit against Kawa, Ltd., a Japanese software maker, for the infringement of intellectual property rights under Japan's national laws. Under the TRIPS agreement, Jewel is entitled to receive

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

Question 80

Mike copies Nora's book, One for the Money, to a substantial degree and sells it to Peak Editions, Inc., without Nora's permission. Peak publishes it under Mike's name. This is

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