Question 1

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.

Accepted Answer

A service mark is used to distinguish services rather than products. Constellation Research Inc. provides services in the tech industry, so a service mark is the most appropriate choice.

Note: A certification mark is used to indicate that a product or service meets certain standards, a collective mark is used by members of a group or organization, and trade dress refers to the visual characteristics of a product or service (such as packaging or design) that distinguish it from others in the market.

Question 2

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.

Accepted Answer

Since Sydney has purchased the copies of the Aura series, she is considered the legal owner of those copies and has the right to resell them to someone else. This is known as the first-sale doctrine, which allows individuals to resell or give away copies of copyrighted works that they legally obtained. The publisher does not have any control over the resale of these copies.

Question 3

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.

Accepted Answer

Copyright law protects original works of authorship, including literary works such as books. Moe's book "Nano Nukes" qualifies for copyright protection. The device itself and its name would be protected by other forms of intellectual property law, such as patents and trademarks, not copyright.

Question 4

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.

Accepted Answer

Patent protection can be obtained for tangible and new inventions, such as the design of a mobile device. Patent protection cannot be obtained for abstract ideas or names.

Question 5

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.

Accepted Answer

Wendy's character name "Weather Wendy" is used to identify the services she provides as a weather announcer for a TV station, making it a service mark.

Question 6

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) ​a service mark.
D) ​trade dress.

Accepted Answer

The answer of Sweetleaf Company bottles and sells maple syrup...

Question 7

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.

Accepted Answer

A trade name is the name under which a business operates, and "Devil's Brew" functions as the name of Chris's chain of coffee stands, distinguishing it from other businesses.

Question 8

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.

Accepted Answer

Garrett's act of making and distributing copies of a copyrighted movie without permission is a violation of the law. He may be liable for damages (monetary compensation for the harm caused to Indie Motion Pictures, Inc.), fines (penalties imposed by the government for breaking the law), or imprisonment (criminal charges for committing a serious offense).

Question 9

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.

Accepted Answer

This is a license agreement, as Mary Kate Inc. is giving Ashley Company permission to use their trademark as part of Ashley's domain name.

Question 10

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.

Accepted Answer

The use of a melody without obtaining permission from the original songwriter is a violation of their copyright, making it copyright infringement.

Question 11

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.

Accepted Answer

Under federal copyright law, works are protected for the life of the author plus seventy years, regardless of registration. Therefore, Kelly's work is protected for her lifetime plus seventy years, even though she did not register it.

Question 12

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.

Accepted Answer

Gas Up, Inc.'s conduct is likely to be a patent infringement because they have copied Hybrid Corporation's design without their permission, which indicates that the design is likely protected by a patent.

Question 13

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.

Accepted Answer

LCC can register the trademark for protection under federal trademark laws, even though it hasn't been previously registered with the government. By registering the trademark, LCC gains legal rights and protections to prevent others from using the same or similar mark in commerce.

Question 14

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.

Accepted Answer

Bubbly Cola's use of Sparkly Cola's trademark without permission can be considered trademark infringement if it causes consumer confusion. This means that consumers might mistake Bubbly Cola for Sparkly Cola or believe that the two brands are affiliated in some way. Intentional use and reduction of the value of the mark are also factors that can be considered in trademark infringement cases, but they are not necessary for a finding of infringement. The fact that Sparkly's mark is registered may strengthen their case, but it is not necessary for Bubbly's use of the mark to be actionable.

Question 15

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.

Accepted Answer

Gro, Inc. is making genetically modified seeds with properties identical to Harvest Corporation's patented seeds without their permission. This falls under patent infringement, as the properties of the patented seeds have been replicated without Harvest Corporation's authorization. Copyright infringement pertains to the unauthorized use of original works of authorship, while trademark infringement is the unauthorized use of a trademark. It cannot be said that this activity is not infringement because it clearly involves unauthorized use of someone else's protected intellectual property.

Question 16

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.

Accepted Answer

Trademarks registered with the USPTO are renewable every 10 years. Therefore, option A is the correct answer.

Question 17

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.

Accepted Answer

According to the U.S. Patent and Trademark Office, a utility patent, which is the type of patent Louie would apply for, generally protects an invention for 20 years from the date of filing the application.

Question 18

​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.

Accepted Answer

Steel Equipment's conduct is only actionable if RiteMade's design is patented. Without a patent, anyone can legally copy the design. The other options are irrelevant to whether Steel's conduct is actionable.

Question 19

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.

Accepted Answer

This is a license agreement where one company is giving another company permission to use its trademark as part of their advertising.

Question 20

​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.

Accepted Answer

Mimic Company selling cells of identical design without SGI's permission is likely to be patent infringement. A patent grants the inventor the exclusive right to make, use, and sell an invention for a limited time. SGI likely holds a patent for their solar energy cells, and Mimic Company's actions infringe on that patent.

Quiz 13: Intellectual Property Rights

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

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

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

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

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

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

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

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

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

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

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

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

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

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

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

Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration

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

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

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

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