Question 1

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

Accepted Answer

Ellen's use of Frank's chapter is only actionable if she does not have his permission to use it. If she obtained permission, then the use would be authorized and not actionable. The other options (A, B, and C) are not necessary for the use to be actionable.

Question 2

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

Accepted Answer

Fast Adhesives Company is using a similar name to Delite Toys, Inc.'s trademarked product, causing confusion among consumers. This constitutes trademark infringement.

Question 3

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

Accepted Answer

Fiona could obtain copyright protection for the operating manual since it is a creative expression of her ideas and thoughts. The net itself may be patentable if it is new and non-obvious, but copyright does not apply to functional items. The "newness" of the net may be protected through patent law, but copyright does not apply to ideas or concepts. The name "Great Catch" may be protected through trademark law, but copyright does not apply to names or titles.

Question 4

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

Accepted Answer

Mary Kate Corporation is allowing Ashley Company to use their trademark as part of their domain name, which is a form of licensing.

Question 5

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

Accepted Answer

Steel's conduct is only actionable if RiteMade's design is patented. If the design is not patented, then anyone is free to copy it.

Question 6

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is

Accepted Answer

A service mark is a type of trademark that is used to identify and distinguish the services of one company from those of another. Since Trek Transport is using a mark to distinguish its trucking services from those of other companies, it is using a service mark.

Question 7

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

Accepted Answer

Copying Hybrid Corporation's design without permission is an infringement of Hybrid's patents.

Question 8

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

Accepted Answer

This scenario describes patent infringement. SUI likely holds a patent for the unique arrangement of lenses and mirrors in their scopes, and Telescopes, Etc. is selling a product with identical features without permission. This infringes on SUI's exclusive right to make, use, and sell products with their patented design.

Question 9

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

Accepted Answer

The fair use doctrine allows for the limited use of copyrighted material without permission from the owner if the use is non-commercial and does not negatively impact the market for the original work. Copying the entire work (A) and distributing it freely to the public (B) would not be considered fair use. Similarly, using the work for commercial purposes (D) would also not be considered fair use. Therefore, the best choice is C, as long as Joey's use does not affect the market for Mina's work, Joey may be excepted from liability for copyright infringement.

Question 10

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided

Accepted Answer

The answer of Bubbly Cola features Sparkly Cola's trademark without...

Question 11

Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected

Accepted Answer

If Phil is granted a patent, his invention will be protected for twenty years.

Question 12

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

Accepted Answer

This is trademark infringement because E-Shopping is using Fiesta Mall, Inc.'s trademark without their permission and in a way that suggests they authorized the use.

Question 13

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

Accepted Answer

A generic phrase cannot be trademarked because it refers to a general category or class of products or services, rather than indicating the source of a specific product or service.

Question 14

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

Accepted Answer

The mark "Made by Members of the U.S. Textile Workers Union" is a collective mark because it is used by multiple companies to indicate the involvement of the same organization (the U.S. Textile Workers Union) in the manufacture of their products.

Question 15

The graphics used in "Go!," a handheld video game featuring racecars, are protected by

Accepted Answer

Copyright law protects original works of authorship, including graphical works such as those found in the "Go!" video game. Patent law protects inventions, trademark law protects brand names and logos, and trade secrets law protects confidential business information.

Question 16

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. Most appropriate for patent protection is

Accepted Answer

Patent protection is appropriate for tangible inventions, not for written works such as operating manuals. Therefore, the most appropriate choice for patent protection is the hard drive itself.

Question 17

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

Accepted Answer

The "Good Housekeeping Seal of Approval" is a certification mark, as it is used to certify the quality of products and services.

Question 18

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

Accepted Answer

Under federal copyright law, works are protected for the life of the author plus seventy years. Therefore, Sara's novel would be protected for seventy years after her death, even though she did not register it with the government office.

Question 19

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

Accepted Answer

Mace's action of copying Nick's book in its entirety and selling it to Parkland Books, Inc., without Nick's permission is a clear violation of Nick's copyright. The act of reproducing or copying someone else's work without their permission is illegal and falls under copyright infringement.

Question 20

Ethel's Breakfast Café uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is

Accepted Answer

The distinctive decor, layout, menu, and style of service of Ethel's Breakfast Café is collectively known as its trade dress.

Quiz 8: Intellectual Property and Internet Law