Chapter 8 Quiz

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.

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

FALSE

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

FALSE

An unusual or fanciful trade name is not protected under trademark law.

FALSE

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

FALSE

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

FALSE

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

FALSE

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

TRUE

The need to protect intellectual property is recognized in the U.S. Constitution.

TRUE

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.

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.

Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to

the parts of the app that can be read by computers.

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.

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

under all circumstances.

Gilda, marketing manager for Home Stuff LLC, 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!â€

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

a license.

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is

a patent.

Works that are copyrightable include

all of the choices.