Business Law - Quiz 2 (Ch 4 & 5)

Apex Electrical, Inc., agrees to allow Apex Foundations LLC to use the owner's trademark "Apex" as part of its company name, but not otherwise. The domain name apex.com can be used online by

Apex Electrical only.

Facts that are generally known to the public are copyrightable.

False

Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets.

False

The European Union's copyright rules limit the royalty protection for musicians to ten years.

False

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple, Inc., uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against

Crabapple.

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

False

A general patent gives the inventor the exclusive right to make, use, and sell an invention for a period of thirty years.

False

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

False

Once a manufacturer's trademark is established, another manufacturer may use it without permission.

False

Only the federal government provides for the registration of trademarks.

False

The first person to invent a product gets the patent protection.

False

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

It cannot be protected.

_______________________ is essentially a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.

Service mark

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

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 service mark.

France and the United States are signatories of the Berne Convention. Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by

all of the signatories of the Berne Convention.

Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is

copyright infringement.

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of

counterfeit goods.

The period of patent protection begins on the date when the patent application is ________________.

filed

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

if consumers are confused.

Like most successful companies, Phones, Inc., has trade secrets. The law protects those secrets if the information is

of value to a competitor.

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

if the use diminishes the distinctive quality of the mark.

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.

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

national.

Ruby invents a new type of pillow and obtains a patent for it. Sleep-Time, Inc., believes that Ruby's pillow infringes on one of Sleep-Time's previously patented products. Sleep-Time must file a challenge to Ruby's patent within

nine months.

To be protected under the Copyright Act, a work must be

original and fixed in a durable medium.

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

patent infringement.

Copyright owners are protected against all, but which of the following:

people sharing copies with friends to read.

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

rule in the plaintiff's favor.

Predictive Data LLC makes and sells software that enables a business to target its advertising precisely. The company could successfully bring an action for copyright infringement against a competitor who copies

the parts of the software that can be read by humans.

United, Inc., a U.S. film production company, files a suit against Video Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Both the U.S. and Mexico are signatories of the TRIPS agreement, under which United is entitled to

the same rights and protection under Mexican law as Video.

Pseudo Drugs, Inc., is convicted of trafficking in counterfeit prescription drugs. As a penalty, the company may be ordered to pay restitution to the trademark holders in an amount equal to

their lost net profits.

Businesses generally attempt to protect their __________________ by having all employees who use the process or information agree in their contracts, or in confidentiality agreements, never to divulge it.

trade secrets

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

trademark infringement.

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

under all circumstances.

A patent applicant must demonstrate that an invention is useful to receive a patent.

True

A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.

True

The United States has signed the Anti-Counterfeiting Trade Agreement (ACTA), an international treaty to combat global counterfeiting and piracy.

True

To obtain copyright protection under federal law, a work must be original

True

With respect to a patented process, all steps or their equivalent must be copied for infringement to occur.

True

Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely

a "fair use."

Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include

a catchy phrase, such as "Stuff your home with Home Stuff!"

O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is

a license.

Paving Corporation taps into the computer network of Roadwork, Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

a theft of trade secrets.

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

a trade name.

A patent holder who has been violated can seek _____________________as well as request damages for royalties and lost profits.

an injunction

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is

automatic and no registration required

Works that are copyrightable include (choose all applicable answers)

books.

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

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

Generic terms that refer to an entire class of products, such as bicycle and computer, receive no protection, even if they acquire secondary meanings.

True