Question 1

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 name is used in connection with a service (weather forecasting), so it can be registered as a service mark. A certification mark is used to indicate that goods/services meet a certain standard, a collective mark is used by members of an organization or group, and a trade name is a company's name or brand. None of these options accurately describe Wendy's situation.

Question 2

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 that
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 Company's conduct is actionable if RiteMade's design is patented, as a patent provides legal protection against unauthorized use or copying of the patented design.

Question 3

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on
A) how extensively John markets his line of clothing.
B) the market for John's line of clothing.
C) the number of clothing sales John makes.
D) all of the choices are correct.

Accepted Answer

The answer of John Jones decides to use his personal...

Question 4

Jeannie runs a dude ranch called J Bar B Dude Ranch and has a Web site called www,jbarbduderanch.com. Ben starts another dude ranch and registers a Web site called www,jbarbduderanch.com. Ben is
A) cybersquatting.
B) cyberstalking.
C) not doing anything illegal.
D) counterfeiting.

Accepted Answer

Ben is cybersquatting by registering a domain name that is identical or confusingly similar to Jeannie's established brand name and Web site. This can lead to consumer confusion and harm Jeannie's business.

Question 5

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.

Accepted Answer

This is a license agreement where Mary Kate Corporation is granting Ashley Company permission to use their trademark as part of Ashley's domain name.

Question 6

Riley invents a new valve to cap undersea oil spills. He names the valve "Great Catch." He also writes the installation manual to be included with each valve. Riley can obtain copyright protection for
A) the valve.
B) the "newness" of the valve.
C) the name.
D) the installation manual.

Accepted Answer

While Riley may be able to seek patent protection for the valve itself (A) and potentially trademark protection for the name (C), the installation manual is eligible for copyright protection (D). Copyright applies to original works of authorship, which includes written instructions and manuals. The "newness" of the valve (B) is not eligible for intellectual property protection.

Question 7

Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is
A) novel.
B) marketable.
C) useful.
D) not obvious in light of current technology.

Accepted Answer

In order to obtain a patent, an invention must be novel, useful, and not obvious in light of current technology. However, marketability is not a requirement for obtaining a patent.

Question 8

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) a trade name.

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. In this case, the mark is being used by Trek Transport Company to distinguish its trucking services from those of other companies.

Question 9

Zoe invents "All for One," new business inventory control software, and applies for a patent. If Zoe is granted a patent, it will protect her product
A) for ten years.
B) for twenty years.
C) for the life of the inventor plus seventy years.
D) forever.

Accepted Answer

A patent grants exclusive rights to an inventor for a period of 20 years from the date of filing. After that time, the invention enters the public domain and can be used freely by anyone.

Question 10

Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is
A) not guilty of patent infringement.
B) guilty of patent infringement.
C) guilty of trademark infringement.
D) in violation of the America Invents Act.

Accepted Answer

The answer of Stormclouds Inc. makes and markets its U.S....

Question 11

Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric can obtain patent protection for
A) the tablet computer.
B) the "newness" of the tablet computer.
C) the name.
D) the operating manual.

Accepted Answer

Ric can obtain patent protection for the tablet computer because it is a tangible invention that meets the requirements of patentability, such as being novel, non-obvious, and useful. The operating manual is not eligible for patent protection because it is not a tangible invention, but it may be eligible for copyright protection. The name "Sci Phi" may be eligible for trademark protection if it is used to distinguish Ric's tablet computer from those of other companies.

Question 12

Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) not infringement.

Accepted Answer

The distinctively designed lenses and mirrors suggest that SUI has a patent on their telescopes. Telescopes Etc. Corporation selling scopes with identical structures of lenses and mirrors without SUI's permission would be considered patent infringement.

Question 13

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle
A) is automatically protected against trademark infringement.
B) receives no protection against trademark infringement.
C) can be registered as a trademark to obtain protection against trademark infringement.
D) can be registered as a certification mark.

Accepted Answer

The answer of Billy opens a bicycle shop that sells...

Question 14

Trevor's operates The Spicy Chocolatier Café chain of restaurants. "The Spicy Chocolatier Café" is a
A) certification mark.
B) collective mark.
C) service mark.
D) trade name.

Accepted Answer

The answer of Trevor's operates The Spicy Chocolatier Café chain...

Question 15

In 2012, 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.

Accepted Answer

Trademark registrations are renewable every ten years.

Question 16

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

Copying Hybrid Corporation's design without permission is a violation of their patent rights, making it patent infringement.

Question 17

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.

Accepted Answer

This action constitutes trademark infringement as E-Shopping Corporation has used Fiesta Mall, Inc.'s trademark without permission and in a misleading manner that suggests authorization.

Question 18

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?
A) A sculpture of Sayers's horse
B) A book about Sayers's life
C) A movie about Sayers's life
D) Sayers's idea for a new way to play the guitar

Accepted Answer

Ideas are not copyrightable, only the tangible expression of those ideas are eligible for copyright protection.

Question 19

Which of the following can not be registered as a trade name?
A) Pear Blossom, Certified Public Accountant
B) Apples & Oranges, Investment Partnership
C) Banana Republic Clothing, Inc.
D) Strawberries

Accepted Answer

"Strawberries" is not a unique name and does not have any additional words added to it to make it a distinctive trade name. It is a commonly used name for a type of fruit and cannot be exclusively registered as a trade name.

Question 20

Go! is a handheld video game featuring races between imaginary creatures and vehicles. The graphics used in the game are protected by
A) copyright law.
B) patent law.
C) trademark law.
D) trade secrets law.

Accepted Answer

Copyright law protects original works of authorship, including graphics used in video games. Patents protect inventions, trademark law protects brand names and logos, and trade secret law protects confidential business information.

Quiz 5: Intellectual Property and Internet Law

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

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 that

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on

Jeannie runs a dude ranch called J Bar B Dude Ranch and has a Web site called www,jbarbduderanch.com. Ben starts another dude ranch and registers a Web site called www,jbarbduderanch.com. Ben is

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

Riley invents a new valve to cap undersea oil spills. He names the valve "Great Catch." He also writes the installation manual to be included with each valve. Riley can obtain copyright protection for

Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is

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

Zoe invents "All for One," new business inventory control software, and applies for a patent. If Zoe is granted a patent, it will protect her product

Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is

Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric can obtain patent protection for

Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle

Trevor's operates The Spicy Chocolatier Café chain of restaurants. "The Spicy Chocolatier Café" is a

In 2012, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration

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

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

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?

Which of the following can not be registered as a trade name?

Go! is a handheld video game featuring races between imaginary creatures and vehicles. The graphics used in the game are protected by