Question 1

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 mark to distinguish its services from others. Therefore, it is a service mark.

Question 2

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 their trademark.

Question 3

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 inventions or new and useful processes, machines, articles of manufacture, and compositions of matter. Therefore, Resurgent Corporation can obtain patent protection for the new mobile device, SyFye. However, patent protection cannot be obtained for ideas, concepts, or names like SyFye.

Question 4

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

Since Sydney has lawfully purchased the copies of the Aura series, she is free to sell them to someone else without any legal obligation.

Question 5

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 is infringing on Indie Motion Pictures' copyright by making and distributing unauthorized copies of their movie. This can result in legal action, which can include damages (payment of monetary compensation), fines (penalties imposed by the court), and even imprisonment (in extreme cases).

Question 6

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) ​trade dress.

Accepted Answer

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

Question 7

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 consumer confusion. The other factors mentioned (intentional use and reduction in the value of the mark) may be relevant in determining damages, but they are not the primary basis for the action. The registration of the mark is also not necessary for an infringement claim, although it does offer additional legal protections.

Question 8

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

Gro, Inc. is making seeds with properties identical to Harvest Corporation's patented seeds without permission, which is patent infringement.

Question 9

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

A service mark is used to identify and distinguish the services provided by a person or company. In this case, Weather Wendy is identifying and distinguishing the weather reporting services provided by Wendy.

Question 10

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 11

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

A patent typically protects a product for twenty years from the date of filing the application.

Question 12

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. Without a patent, there is no legal protection for the design and it becomes public domain, allowing others to copy it without consequence. The other options (A, B, and C) are not relevant to the legal question of whether Steel's conduct is actionable.

Question 13

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 solar energy cells of identical design without permission from SGI, which suggests that SGI may have patented the design. Patent infringement occurs when someone makes, uses, or sells a patented invention without the permission of the patent owner. Therefore, Mimic Company's actions are most likely an example of patent infringement.

Question 14

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 obtaining their permission is a violation of the copyright owner's exclusive rights, specifically the right to create derivative works.

Question 15

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 in which Metro Movers Miami Corporation is granting permission to Metro Movers Milwaukee Company to use its trademark.

Question 16

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 as federal trademark law provides protection to both registered and unregistered marks in certain situations. However, registration provides additional protection and benefits such as the exclusive right to use the mark nationwide and the ability to sue in federal court.

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

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, trademark registrations are renewable every ten years. So, after the first renewal, Data Marketing, Inc.'s trademark registration will also need to be renewed every ten years.

Question 19

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. Registering the work with the government office is not necessary to establish copyright protection, although it may provide certain benefits such as the ability to sue for infringement and obtain statutory damages.

Question 20

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

Making and selling a product that copies another company's design without their permission is patent infringement, not copyright infringement or trademark infringement. It is also not theft of trade secrets unless Gas Up, Inc. obtained the design illegally.

Quiz 29: Intellectual Property

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration

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

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