Question 1

Like most successful companies,Pads & Phones,Inc.(P&P),has trade secrets.The law protects those secrets if

Accepted Answer

Trade secrets are protected by law if they are unique and valuable to competitors. It is not necessary for employees to never leave the company's employ, but they should not divulge the information to outside parties and handle confidential documents appropriately.

Question 2

Savory Bean Company makes and sells a sweet espresso coffee beverage under the name "Sugar Sugar." Tropic Roast,Inc.,later markets a similar drink under the name "Sweet Sweet." This is most likely

Accepted Answer

Trademark infringement occurs when one company uses a similar name or logo to a registered trademark of another company without permission. In this case, Tropic Roast, Inc. used a similar name "Sweet Sweet" to Savory Bean Company's "Sugar Sugar" for their sweet espresso coffee beverage, which is likely to create confusion among customers. Therefore, it is most likely a trademark infringement.

Question 3

Gold & Sweet 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

Accepted Answer

The logo on the label is a certification mark, indicating that the syrup has been certified as genuine New England maple syrup by the Northeast Maple Syrup Harvesters Association. Certification marks are used to verify that a product or service meets certain standards or qualifications set by a particular organization.

Question 4

In 2014,Kelly writes Like the Wind,a novel about marathoners and ultramarathoners.Kelly does not register the work with the appropriate government office.Under federal copyright law,Kelly's work is protected

Accepted Answer

Under federal copyright law, Kelly's work is protected for the life of the author plus seventy years. Registration is not necessary for protection under copyright law. Therefore, Kelly's work will be protected for Kelly's lifetime plus seventy years, regardless of whether or not it was registered with a government office.

Question 5

Milo publishes a book titled No Equals,which includes a chapter from Paige's copyrighted book Olympic Champions.Milo's use of the chapter is actionable provided that

Accepted Answer

Milo's use of a chapter from Paige's copyrighted book without her permission is a violation of her exclusive rights under copyright law, regardless of whether consumers are confused, Milo's use is intentional, or the chapter is reproduced exactly.

Question 6

Damien buys a copy of the book Exchange.Later,after reading the book,Damien sells it to his sister.Under the first sale doctrine,Damien's sale of the book is

Accepted Answer

The first sale doctrine allows the owner of a legally acquired copy of a copyrighted work to resell or transfer that copy without requiring permission from the copyright owner. Therefore, Damien's sale of the book to his sister is legal. The other options are incorrect because they either impose additional conditions that are not required by the first sale doctrine or are simply wrong.

Question 7

GreatGro,Inc.,makes genetically modified seeds with properties that are identical to Hearty Harvest Corporation's patented seeds,without Hearty Harvest's permission.This is most likely

Accepted Answer

Making genetically modified seeds with identical properties as patented seeds without the patent holder's permission is considered patent infringement.

Question 8

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

Accepted Answer

A service mark is used to identify and distinguish the services of one provider from those of others, which is applicable to Wendy's character name as it represents her weather announcing services.

Question 9

Edge is a video game featuring interactive extreme sports.The graphics used in the game are protected by

Accepted Answer

Graphics are considered creative works and are protected under copyright law.

Question 10

The idea for "Prices & Profit," an app that businesses can use to control their revenue,profits,and payrolls,is protected by

Accepted Answer

The idea for an app called "Prices & Profit" can be protected by trade secrets law. This means that the creator of the app can keep the idea confidential and prevent others from stealing or using it without permission. However, it cannot be protected by copyright, patent, or trademark law, as these laws only apply to specific types of intellectual property, such as original works of authorship, inventions, and logos/symbols, respectively.

Question 11

René operates The Spicy Chocolatier Café chain of restaurants."The Spicy Chocolatier Café" is

Accepted Answer

"The Spicy Chocolatier Café" is a trade name, as it is the name under which René operates his chain of restaurants. A certification mark is used to certify the origin, material, quality, or other specific characteristics of a product or service. A service mark is used to distinguish a service from those of other businesses.

Question 12

Kamal reproduces Lorena's copyrighted work "Musica" without paying royalties.Kamal is most likely excepted from liability for copyright infringement under the "fair use" doctrine if

Accepted Answer

The fair use doctrine allows limited use of copyrighted material without permission from the owner, including for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. In order for Kamal to be excepted from liability for copyright infringement under fair use, his use of "Musica" must have no effect on the market for Lorena's work. Simply copying the entire work or distributing copies without charge to the public would not necessarily qualify as fair use, nor would commercial use.

Question 13

Siri downloads and sells,in international markets via the Internet,e-textbooks without the authors' or publishers' permission.The international treaty that applies to pirated copyrighted works being distributed via the Internet is

Accepted Answer

The Anti-Counterfeiting Trade Agreement (ACTA) addresses the issue of pirated copyrighted works being distributed via the internet and aims to establish international standards for intellectual property rights enforcement. Therefore, it is the most relevant treaty in this scenario.

Question 14

Robyn,an employee at Social Media,Inc.,is laid off.Before he leaves,he e-mails Social Media's marketing campaign to Tweets & Trades Corporation,Social Media's competitor,without permission.This is

Accepted Answer

This action constitutes a theft of Social Media's trade secrets, as Robyn is sharing confidential marketing campaign information with a competitor without authorization. This is illegal and unethical behavior that violates the company's policies and potentially harms Social Media's business interests.

Question 15

Odell invents "Profits Unbound," new stock-trading algorithm software,and applies for a patent.If Odell is granted a patent,his invention will be protected

Accepted Answer

A patent grants the inventor exclusive rights to their invention for 20 years from the date of application.

Question 16

NoGas,Inc.,designs and makes a non-fuel propulsion system that copies parts of Omni Momentum Corporation's designs without Omni's permission.This is most likely

Accepted Answer

NoGas, Inc. is directly copying parts of Omni Momentum Corporation's designs without permission, which is a clear violation of the corporation's patent rights. Copyright infringement involves the unauthorized reproduction of original works, trademark infringement involves using a company's logo or branding without permission, and the scenario described does not fall under the "not infringement" category.

Question 17

Giancarlo copies Hedrick's book,Information Free,in its entirety and sells it to Justice Fair Books,Inc.,without Hedrick's permission.Justice Fair publishes it under Giancarlo's name.This is

Accepted Answer

Copying a work in its entirety without the owner's permission constitutes copyright infringement, which is illegal. Fair use and licensing are legal options, but they require permission, attribution or payment from the copyright owner. Protected expression simply refers to the rights of individuals to express themselves freely under the First Amendment, but this does not extend to the unauthorized use of someone else's copyrighted work.

Question 18

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

Accepted Answer

This is a license agreement in which one company grants another company the right to use its trademark.

Question 19

Effervescent Egg Cream Company's trademark is used by Fizzy Drinks without its owner's permission.Fizzy's use of the mark is actionable provided that

Accepted Answer

Trademark infringement is actionable if consumers are likely to be confused about the source of the goods or services, regardless of whether the use was intentional, whether the parties are competitors, or whether the trademark is registered.

Question 20

In 2014,Cloud Computing Corporation registers its trademark as provided by federal law.After the first renewal,this registration

Accepted Answer

Trademark registration is renewable every ten years after the initial registration period.

Quiz 8: Intellectual Property Rights

Like most successful companies,Pads & Phones,Inc.(P&P) ,has trade secrets.The law protects those secrets if