Question 1

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

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 2

Copyright protection is automatic-registration is not required.

Accepted Answer

Copyright protection is automatic as soon as the original work is created. Registration is not required to obtain copyright protection, but it is recommended as it strengthens the legal protections and provides evidence of ownership.

Question 3

A marketing technique can be a trade secret.

Accepted Answer

A marketing technique can be a trade secret, as it may provide a competitive advantage to a company and is not generally known to the public.

Question 4

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java,Inc.,later markets a similar tasting drink under the name "KoKoKafe." This is most likely​

Accepted Answer

"CoCoCafe" is a unique name given to the chocolate-flavored coffee drink by Beans Coffee & Cocoa Company, and thus it can be protected as a trademark. Darkroast Java, Inc., using a similar name for their product can lead to confusion among consumers, which is a trademark violation. It is not copyright infringement as the recipe or the product itself is not copied, neither is it patent infringement as there is no mention of a patented invention or process. It is not theft of trade secrets as there is no indication of stolen confidential information.

Question 5

The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods and pirated,copyrighted works being distributed via the Internet.

Accepted Answer

The Anti-Counterfeiting Trade Agreement (ACTA) focuses on both counterfeit physical goods and pirated copyrighted works, including those being distributed through the internet.

Question 6

Production techniques are not trade secrets.

Accepted Answer

Production techniques can be considered trade secrets if they are not generally known or readily ascertainable by others and provide a competitive advantage to the company that holds them.

Question 7

All aspects of software are protected by copyright law.

Accepted Answer

Copyright law protects the expression of ideas in software, such as the code and user interface, but not the ideas, concepts, or functions themselves.

Question 8

iMeeMine Inc.develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for

Accepted Answer

iMeeMine can obtain trademark protection for the name "Call Mee." The phone itself cannot be trademarked and the concept of a new mobile phone cannot be trademarked either.

Question 9

A copy must be exactly the same as the original to infringe a copyright.

Accepted Answer

While an exact copy without permission may be copyright infringement, using even a portion of the original work or creating a derivative work can also constitute infringement.

Question 10

Protection of trade secrets extends both to ideas and to their expression.

Accepted Answer

This statement is true. Trade secrets can include both ideas and the way those ideas are expressed, such as formulas, processes, and customer lists.

Question 11

In its ads for athletic shoes,Sleek Feet LLC uses a trademark that is similar,but not identical,to the famous,registered mark of Thor,Inc.Sleek Feet's unauthorized use of the mark constitutes trademark dilution,provided that

Accepted Answer

Trademark dilution occurs when the unauthorized use of a similar or identical mark by another party is likely to impair the distinctiveness of the famous mark or harm its reputation. It does not require consumer confusion like trademark infringement. Therefore, option A is incorrect. Option B is also incorrect because competitors are not necessary for trademark dilution. Option C is not a requirement for trademark dilution.

Question 12

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

Accepted Answer

Ric could obtain patent protection for the tablet computer as it is a new and innovative product. A patent provides legal ownership and protection for the invention, preventing others from making, using, or selling the same product without permission.

Answer: C 
 Ric could obtain trademark protection for the name "Sci Phi." A trademark provides legal ownership and protection for the brand name and distinguishes it from similar products in the market.

Answer: D 
 Ric could obtain copyright protection for the operating manual, which is an original work of authorship in a tangible form of expression. Copyrights protect the rights of authors to their original works, preventing others from reproducing or distributing the work without permission.

Question 13

A person who buys a copyrighted work cannot sell it to someone else.

Accepted Answer

Under the doctrine of the first sale, once a copyrighted work is lawfully purchased, the buyer can resell that physical copy to someone else.

Question 14

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights.

Accepted Answer

This is true under the Berne Convention, which mandates minimum standards for copyright protection among the countries that have ratified or acceded to it. As of 2021, almost all countries in the world are parties to the Convention. Therefore, authors automatically enjoy copyright protection in those countries, regardless of whether they register their works or mark them with the © symbol. However, copyright laws vary from country to country, so authors need to be aware of the specific requirements and limitations that apply to their works in each jurisdiction.

Question 15

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

Accepted Answer

Article 1 of the TRIPS agreement states that member countries must comply with the provisions set out in the agreement and ensure that their domestic laws and regulations conform to these provisions. This includes the requirement to provide intellectual property rights protection.

Question 16

A person can reproduce copyrighted material for purposes such as teaching,including multiple copies for classroom use,without paying royalties.

Accepted Answer

According to the doctrine of fair use, reproduction of copyrighted material for purposes such as teaching and classroom use is allowed without paying royalties. However, there are certain limitations and guidelines that must be followed to ensure that the reproduction falls under fair use.

Question 17

The theft of trade secrets is a federal crime.

Accepted Answer

The Economic Espionage Act of 1996 made the theft of trade secrets a federal crime.

Question 18

The TRIPS agreement covers computer programs.

Accepted Answer

The TRIPS agreement covers computer programs as a form of intellectual property.

Question 19

An exception to liability for copyright infringement is made under the "fair use" doctrine.

Accepted Answer

The fair use doctrine allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, teaching, scholarship, or research. This exception to liability for copyright infringement is recognized in the United States under the Copyright Act of 1976.

Question 20

Theft of confidential data by industrial espionage is a theft of trade secrets.

Accepted Answer

Industrial espionage involves the theft of confidential information, which includes trade secrets. Therefore, theft of confidential data by industrial espionage is considered a theft of trade secrets.

Quiz 6: Intellectual Property