BLW Chapter 8 Study Set

A copyright owner who sells a copy of a work retains the right to control the further distribution of that copy.

False

A licensor who allows a licensee to use a trademark as part of the licensee's company name must also permit the licensee to use the mark on its products.

False

After a patent is issued, there is a nine-month limit before it can be challenged.

False

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur.

False

Certain business processes are copyrightable.

False

If a creative work is not copyrightable, other intellectual property law will not protect it.

False

Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.

False

Pricing information is not a trade secret.

False

Service marks are not protected in the same way as trademarks.

False

The United States can prosecute foreign counterfeiters under U.S. law.

False

The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products.

False

The products involved in a trademark dilution suit must be similar.

False

To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally.

False

Under the Madrid Protocol, the fees and procedures for trademark registration vary significantly among individual countries.

False

A license that limits the uses of a patent by the licensee is unlawful.

False.

Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. The publications are printed in a unique process that includes a 3-D printer. Phoenix could most likely obtain trademark protection for its

Logo

Don One decides to use his personal name for a line of clothing he is developing. In this circumstance, Don One will receive trademark protection under the law when a. Don begins to market his line of clothing. b. customers begin to associate the name with the source of the product. c. Don begins to make his line of clothing.

customers begin to associate the name with the source of the product.

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

if the use diminishes the distinctive quality of the mark.

Without permission, Race Runners Inc. uses a trademark that is similar to the registered mark of Swiftfoot, Inc. This use of the mark constitutes trademark dilution a. if the use diminishes the distinctive quality of the mark. b. only if the two companies' products are similar. c. all of the choices

if the use diminishes the distinctive quality of the mark.

Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is a. national b. limited to Gargantua's market c. limited to Gargantua's home state.

national

Salty Snacks Inc. markets a fish-shaped cracker. When Tasty Tidbits Inc. begins to sell a similar product, Salty files a suit against Tasty, alleging infringement and claiming that consumers are likely to be confused. The court will most likely a. rule in the plaintiff's favor. b. order both parties to destroy all remaining fish-shaped crackers. c. order both parties to redesign their respective products.

rule in the plaintiff's favor.

Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely a. copyright infringement b. trademark infringement c. patent infringement

trademark infringement

Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime

under all circumstances

Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime a. only if the counterfeits have negative effects on legitimate businesses. b. under no circumstances c. under all circumstances

under all circumstances

Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.

True

Some business processes can be protected as trade secrets.

True

Galaxy Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is a. a trade name b. a service mark c. a trade secret

a service mark

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a. a trade name b. a trade secret c. a service mark

a service mask

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a. a service mark b. a trade name c. a trade secret

a trade name

A descriptive term is protected under trademark law if it acquires a secondary meaning.

True