Question 1

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.

Accepted Answer

The Berne Convention is an international agreement that governs copyright protection among its signatories. Both Canada and the United States are signatories of the Berne Convention, so Doug's copyright must be recognized by all other signatories of the Berne Convention. Therefore, his copyright would not be recognized by Canada only or the United States only, but by all signatories of the Convention.

Question 2

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

Accepted Answer

The answer of Trevor's business is The Spicy Chocolatier Café...

Question 3

Sincere Forms, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Desired Objects, Inc. Sincere's unauthorized use of the mark constitutes trademark dilution provided
A) consumers are confused.
B) Sincere and Desired are competitors.
C) Sincere's use is intentional.
D) Sincere's use lessens the value of Desired's mark.

Accepted Answer

Trademark dilution occurs when an unauthorized use of a famous and distinctive trademark diminishes the value of the mark. In this case, Sincere's use of a similar mark is likely to cause confusion among consumers, but the key factor that constitutes trademark dilution is the lessening of the value of Desired's mark.

Question 4

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 Company's conduct is actionable only if RiteMade's design is patented. Patent law grants inventors exclusive rights to their inventions and allows them to take legal action against those who infringe on those rights. In this case, if RiteMade's design is patented, Steel Equipment Company's unauthorized copying of the design would constitute patent infringement and be subject to legal action.

Question 5

Felicia invents a new valve to cap undersea oil spills, which she names "Great Catch." She also writes the installation manual to be included with each valve. Felicia could obtain copyright protection for
A) the valve.
B) the "newness" of the valve.
C) the name.
D) the installation manual.

Accepted Answer

Copyright protects original works of authorship fixed in a tangible medium of expression, such as literary works (e.g., manuals), but not functional items like a valve or its name. Therefore, Felicia could obtain copyright protection for the installation manual, but not for the valve or its name.

Question 6

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.

Accepted Answer

Laws related to trade secrets cover Diamond's list of clients because it is considered confidential information that belongs to the company. Elle cannot use this information for her own benefit or to benefit her new employer without violating trade secret laws.

Question 7

USA Transport Company uses a mark associated with its name to distinguish 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.

Accepted Answer

The mark associated with USA Transport Company is a service mark because it distinguishes the services offered by the company from those offered by other transport firms. A certification mark would be used to indicate that a product or service meets a certain standard or quality, a collective mark is used by a group or association to identify their members, and trade dress refers to the visual appearance of a product or service (such as the design of packaging or store layout).

Question 8

Pola develops a new espresso machine, which she names "Sure Shot." She also writes the operating manual. Pola can obtain trademark protection for
A) the espresso machine.
B) the "newness" of the espresso machine.
C) the name.
D) the operating manual.

Accepted Answer

Pola can obtain trademark protection for the name "Sure Shot" as it is a distinctive name that distinguishes her espresso machine from other similar products in the market. Trademark protects the brand name, logo, or slogan used to identify and distinguish the goods of one manufacturer or seller from another. However, operating manual is not eligible for trademark protection as it is considered a functional item rather than a source identifier.

Question 9

Kim uses, on her new recording Let's Go, the guitar solo from Malcolm's digital sound recording without his permission. This is
A) copyright infringement.
B) fair use.
C) licensing.
D) protected expression.

Accepted Answer

Using someone's sound recording without their permission is a clear case of copyright infringement.

Question 10

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.

Accepted Answer

The answer of Ric designs a new computer hard drive,...

Question 11

Symphony, Inc., a U.S. jewelry designer and maker, files a suit against Kawa, Ltd., a Japanese jewelry maker, for the infringement of intellectual property rights under Japan's national laws. Under the TRIPS agreement, Symphony is entitled to receive
A) better treatment than Kawa.
B) the same treatment as Kawa.
C) worse treatment than Kawa.
D) nothing.

Accepted Answer

The TRIPS agreement aims to establish minimum standards for intellectual property protection that member countries must follow in order to provide a level playing field for all countries. Therefore, Symphony would be entitled to the same treatment as Kawa in terms of intellectual property protection in Japan, given that both countries are members of the agreement.

Question 12

Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great NASCAR 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.

Accepted Answer

Ellen's use of a chapter from Frank's copyrighted book without his permission is a violation of copyright law. It does not matter whether consumers are confused or whether Ellen and Frank are competitors. The act of using copyrighted material without permission is actionable.

Question 13

Rockstar Software, Inc., develops a new series of performance-related video games. The games are most likely 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 video games, from being copied or distributed without permission. This is the most likely form of protection for Rockstar Software's performance-related video games. Patent law would only apply if the games contained novel and non-obvious technological innovations. Trademark law protects brand names and logos, and trade secrets law protects confidential company information.

Question 14

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.

Accepted Answer

Donna has committed copyright infringement by making and distributing copies of the movie without permission from Great Films Corporation. This may result in damages, fines or even imprisonment, depending on the extent of the infringement and the applicable laws.

Question 15

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.

Accepted Answer

Selling scopes with identical set-ups of lenses and mirrors that belong to Sights Unseen, Inc. without their permission is considered patent infringement.

Question 16

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.

Accepted Answer

The "Good Housekeeping Seal of Approval" is a certification mark because it is used to certify the quality of products made by different companies, rather than a mark used to identify the source or origin of goods or services (which would be a trademark).

Question 17

The process behind the production of "Numb3rs," a suite of business accounting and inventory software, is protected by
A) copyright law.
B) patent law.
C) trademark law.
D) trade secrets law.

Accepted Answer

The process behind the production of "Numb3rs" is protected by trade secrets law, which protects confidential information from being disclosed to the public or competitors. This could include the specific algorithms or methods used to create the accounting and inventory management software. Copyright law protects original works of authorship, such as music, literature, or software code. Patent law protects inventions or discoveries that are novel, useful, and non-obvious. Trademark law protects words, phrases, symbols, or designs that are used to identify and distinguish goods or services in the marketplace.

Question 18

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.

Accepted Answer

This is trademark infringement as E-Shopping Corporation is using Fiesta Mall, Inc.'s trademark without their permission in a manner that suggests they have authorized the use.

Question 19

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.

Accepted Answer

A trademark can not be claimed for a generic phrase or term that is commonly used and not specific to the goods or services of the company. "Quality Is Standard" is a phrase that can be used by any company and is therefore considered to be generic.

Question 20

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.

Accepted Answer

Using another person's melody without their permission is a violation of their copyright.

Quiz 8: Intellectual Property and Internet Law

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

Trevor's business is The Spicy Chocolatier Café chain. "The Spicy Chocolatier Café" is

Sincere Forms, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Desired Objects, Inc. Sincere's unauthorized use of the mark constitutes trademark dilution provided

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

Felicia invents a new valve to cap undersea oil spills, which she names "Great Catch." She also writes the installation manual to be included with each valve. Felicia could obtain copyright protection for

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

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

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

Kim uses, on her new recording Let's Go, the guitar solo from Malcolm's digital sound recording without his permission. This is

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

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

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

Rockstar Software, Inc., develops a new series of performance-related video games. The games are most likely protected by

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

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

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

The process behind the production of "Numb3rs," a suite of business accounting and inventory software, is protected by

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

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

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