Question 1

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, as long as it meets the requirements for registration, such as being distinctive and not confusingly similar to other registered marks. The fact that the mark has been used in commerce does not necessarily prevent registration.

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

Sydney has the right to sell the copies that she purchased to someone else, as long as it is for personal use and not for profit. This is known as the "first sale doctrine" which states that once a copy of a copyrighted work is sold, the buyer has the right to sell, display, or dispose of that particular copy as they wish.

Question 3

​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 is selling cells of identical design without SGI's permission, which is an indication of patent infringement. Patent law provides exclusive rights to inventors of inventions, which have to be new, non-obvious, and useful. SGI seems to have a patent on the design of its solar cells, and Mimic Company's act of selling cells of identical design without SGI's permission infringes the patent rights of SGI. The options A and C are not relevant to this scenario, and option D is not a valid response.

Question 4

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 between two companies, allowing one to use the trademark of the other in its advertising.

Question 5

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) ​none of the choices.
D) ​trade dress.

Accepted Answer

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

Question 6

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 US Patent and Trademark Office, patents for inventions are granted for a period of 20 years from the date of filing the patent application.

Question 7

​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's conduct is only actionable if RiteMade's design is patented. Copying a design without permission is a violation of the patent holder's rights. The other options (consumers being confused, intentional conduct, and reduction in value) may be factors in a legal case involving patent infringement, but they are not the primary determinants of whether or not the conduct is actionable.

Question 8

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

Constellation Research Inc. is using a service mark to distinguish its services from those of other tech firms. A service mark is a type of trademark that is used to identify and distinguish the services of one company from those of another. It is used in the same way that a trademark is used to distinguish goods, but it is used for services instead.

Question 9

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, Kelly's work is protected for the life of the author plus seventy years, regardless of whether or not the work is registered with the appropriate government office.

Question 10

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 her services as a weather announcer for the TV station, making it a service mark.

Question 11

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 a trademark without permission is only actionable if it causes confusion among consumers. In this case, Bubbly Cola's use of Sparkly Cola's trademark may lead consumers to believe that Bubbly Cola is affiliated with, endorsed by, or licensed by Sparkly Cola, thus causing confusion. The other options listed are not necessary for Bubbly Cola's use of Sparkly Cola's trademark to be deemed actionable.

Question 12

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 has committed copyright infringement by making and distributing copies of a movie without the permission of the copyright owner. As a result, he may be liable for damages (monetary compensation for the harm caused to the copyright owner), fines (penalties for the illegal actions), and imprisonment (in some cases of willful and serious infringement).

Question 13

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

This is patent infringement because Harvest Corporation has patented their seeds and Gro, Inc. is making identical seeds without permission.

Question 14

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

According to federal law, a trademark registration is renewable every ten years.

Question 15

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 the device itself, as it is a tangible and specific invention. The idea for the device cannot be patented as it is too broad, and the name "SyFye" can be protected under trademark law rather than patent law.

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

Designing, making, and selling a fuel injection system without permission that copied Hybrid Corporation's design is most likely a patent infringement. Patent infringement occurs when someone uses, makes, or sells an invention that is patented without the permission of the patent owner.

Question 17

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 18

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 19

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

Using someone else's melody without permission is a violation of their copyright.

Question 20

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 where Mary Kate Inc. is allowing Ashley Company to use its trademark as part of Ashley's domain name.

Quiz 8: Intellectual Property Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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