Question 1

It is possible to copyright an idea.

Accepted Answer

Copyright only protects original works of authorship that are fixed in a tangible form. It does not protect ideas or concepts in their abstract form. However, ideas can potentially be protected under patent law, but the requirements for obtaining a patent are much stricter than those for obtaining a copyright.

Question 2

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Accepted Answer

Downloading software or music without authorization is a violation of copyright law, as it involves reproducing and distributing copyrighted material without permission.

Question 3

A customer list is not a trade secret.

Accepted Answer

The answer of A customer list is not a trade...

Question 4

Anyone who writes a book has automatic international copyright protection.

Accepted Answer

The answer of Anyone who writes a book has automatic...

Question 5

Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

Accepted Answer

Trade secrets can include information such as formulas, processes, methods, designs, and other confidential information that provides a competitive advantage to a business. Unlike trademark, patent, or copyright law, trade secrets can protect information that is not publicly disclosed or registered.

Question 6

The TRIPS agreement covers computer programs.

Accepted Answer

The TRIPS agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) covers computer programs as a type of intellectual property. Specifically, it includes provisions for the protection of computer programs as literary works under copyright law.

Question 7

Pricing information is not a trade secret.

Accepted Answer

Pricing information can be considered a trade secret if it is not known to the public, provides a business advantage, and the business takes reasonable steps to keep it confidential.

Question 8

Patent infringement is a tort.

Accepted Answer

Patent infringement is a civil wrong or tort in which one party, without the permission of the owner, makes, uses, sells, or imports a product or process that is covered by a patent.

Question 9

A marketing technique can be a trade secret.

Accepted Answer

A marketing technique that is not known to the public and is kept confidential by a company can be considered a trade secret. Just like any other trade secret, it must meet the legal criteria for confidential information and the company must take reasonable steps to protect its secrecy.

Question 10

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

Accepted Answer

Paula can obtain trademark protection for the name "Sure Shot" because it identifies the source of the product and distinguishes it from others on the market. Trademarks do not protect the product itself, the "newness" of the product, or the operating manual.

Question 11

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 mark for protection even though it has not been registered yet. Registration provides additional legal protection and benefits, such as nationwide notice of ownership and the ability to sue for infringement in federal court.

Question 12

A copyright owner must place a © or an ® on the work to have the work protected from copyright infringement.

Accepted Answer

A copyright owner does not need to place a © or an ® on their work for it to be protected from copyright infringement. The copyright protection is automatic upon creation of the original work. However, it is recommended for copyright owners to use the © symbol on their work to provide notice to others that the work is protected. The ® symbol is only used for registered trademarks.

Question 13

Trademarks are protected from use on noncompeting goods by
A) the Federal Trademark Dilution Act.
B) the America Invents Act.
C) the Anticybersquatting Consumer Protection Act.
D) the Copyright Act.

Accepted Answer

The Federal Trademark Dilution Act specifically protects trademarks from being used on noncompeting goods in order to prevent dilution of the brand's distinctiveness and value. The other acts listed do not specifically address this issue.

Question 14

Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States.

Accepted Answer

Foreign firms can obtain U.S. patent protection for items they sell in the United States. In fact, many foreign companies file for patents in the U.S. to protect their intellectual property from being copied or stolen.

Question 15

Copyright protection is automatic-registration is not required.

Accepted Answer

Copyright protection is automatic as soon as the work is created and fixed in a tangible form, such as written or recorded. Registration with the copyright office is not required but can provide certain legal benefits.

Question 16

A copy does not need to be exactly the same as the original to infringe a copyright.

Accepted Answer

Copyright infringement can occur even when the copy is only substantially similar or takes inspiration from the original work.

Question 17

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

Accepted Answer

The TRIPS agreement mandates that each member country must have domestic laws that protect intellectual property rights in accordance with the agreement.

Question 18

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar drink under the name "KoKoKafe." This is most likely
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) a theft of trade secrets.

Accepted Answer

This is most likely trademark infringement because Darkroast Java, Inc. is using a name that is similar to that of Beans Coffee & Cocoa Company's CoCoCafe, which is a distinctive trademark associated with the chocolate-flavored coffee drink product.

Question 19

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

The use of Sparkly Cola's trademark by Bubbly Cola can only be considered actionable if it leads to confusion among consumers. This means that consumers must be likely to believe that Bubbly Cola's product is actually Sparkly Cola's product or is somehow affiliated with it. Actual intent to confuse consumers or reduce the value of Sparkly's mark is not required for the infringement to be actionable. The fact of whether the mark is registered or not is irrelevant in determining whether or not it is being infringed upon.

Question 20

To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology.

Accepted Answer

This is the definition of patentability according to the United States Patent and Trademark Office.

Quiz 5: Intellectual Property and Internet Law