cengage ch 8

Ordinarily, you may not reproduce a copyrighted object without the owner's permission. The exception to this general rule is contained in the:

"fair use" doctrine.

A patent for a new invention will last for:

20 years

AAA Cola features Best Cola's trademark without its owner's permission. Cartel Company does not make or bottle AAA Cola, but distributes and sells it. Dian buys a bottle of AAA Cola. The mark has been used by:

AAA

If a U.S. citizen writes a book, the U.S. author's copyright in the book must be recognized by all countries that signed the:

Berne Convention.

Delta, Inc., copies Eagle Corporation's patented invention in its entirety. Delta sells it as its own invention to First Products Company, without Eagle's permission. Eagle's patent is infringed by:

Delta only

Julie, a teacher, wants to use a small portion of a novel for use in class to discuss the different perspectives of environmentalism. Use of this material likely is allowable under the:

Fair Use Doctrine.

Target Marketing, LLC., a new start-up business, has developed a way to identify quickly those who might be in need of marketing services, but it sees the potential of its method to expand to uses for other businesses. What should Target Marketing do to protect its new business process?

Get a patent

Joey reproduces Mina's copyrighted work without paying royalties. Joey is most likely exempted from liability for copyright infringement under the "fair use" doctrine if:

Joey's use has no effect on the market for Mina's work.

Susan is an experienced clothier who has her own dress shop, but wants to expand to shoes and bags. In particular, she wants to sell Christian Louboutin shoes and bags, and advertise that she is selling them, using the Christian Louboutin (CL) trademark. In addition to a contract with CL, what would you advise her to be sure to get so that she can use the CL trademark while she sells his shoes and bags?

License

Kevin has a vast inventory of music downloaded from file-sharing websites for free. He wants to share his inventory on a peer-to-peer network, and believes that as long as he doesn't charge anyone, he is not violating copyright laws. Is he correct?

No, because these files were obtained for free, without payment of royalties to the artists

Cassandra is starting a new karate dojo. She likes the phrase "Just do it!" that the company Nike uses in its ads and wants to adopt the slogan for her business. Should she do this? Why or why not?

No, she shouldn't, because this well-known phrase is likely to be recognized as a trademark.

EY corporation sues Robert for patent infringement. The court finds that Robert willfully infringed EY's patent and awards remedies. For this case, which of the answers listed is not a possible remedy?

Prison for Robert

Rita copies Sam's book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam's permission. USA publishes it under Rita's name. Sam's copyright is infringed by:

Rita and USA.

Which of the following is not an international agreement concerning intellectual property rights?

The Lanham Act

One form of international protection for intellectual property comes from which treaty?

The TRIPS agreement

The international law that prohibits member nations from discriminating against foreign owners of intellectual property rights is the:

Trade-Related Aspects of Intellectual Property Rights agreement.

Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is:

a collective mark.

A trade secret might include which of the following?

a customer list

If a company that makes laundry detergent calls its product Pommo, the name "Pommo" would be considered:

a strong mark.

Employees could be liable for the misappropriation of trade secrets if they: send protected confidential information to a competitor by e-mail. walk out with the information on a flash pen drive. disclose protected confidential information by misusing a company's social media accounts. all of the above actions could constitute misappropriation. none of the above actions could constitute misappropriation.

all of the above

For the willful misappropriation of trade secrets under the Uniform Trade Secrets, a plaintiff only may recover: punitive damages. court costs. attorneys' fees. monetary damages. all of the above remedies are recoverable.

all of the above remedies are recoverable.

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

all of the signatories of the Berne Convention.

Almost anything is patentable, except: the laws of nature. natural phenomena. abstract ideas. all of these choices.

all of these choices

To obtain a patent, the applicant must demonstrate to the satisfaction of the U.S. Patent and Trademark Office that the invention, discovery, process, or design is: useful. not obvious in light of current technology. novel. all of these choices.

all of these choices

The most common remedy for trademark infringement is:

an injunction.

Under the Anti-Counterfeiting Trade Agreement (ACTA), member nations:

are required to establish border measures that allow officials, on their own initiative, to search commercial shipments of imports and exports for counterfeit goods.

Information protected under the law of trade secrets is protected for:

as long as secrecy is maintained.

Kari buys a copy of the newest edition of her Business Law textbook. At the end of the semester, she wants to sell it to her roommate. Under Copyright law, Kari:

can sell the book to her roommate legally under the First Sale Doctrine.

The "Good Housekeeping Seal of Approval" on a product is an example of a:

certification mark

Cathy uses on her new recording "Drive By" the melody of a song written by Earl, without Earl's permission. This is:

copyright infringement

Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has committed:

copyright infringement.

Carol buys Dan's book Expedition!, photocopies more than half of it without his permission, and sells the copies without paying him royalties. This is an example of:

copyright infringement.

Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films Corporation, without Great Films' permission. Donna may be liable for:

damages, fines, and/or imprisonment.

In 1936, Margaret Mitchell wrote Gone with the Wind. Mitchell received the National Book Award in 1936 and a Pulitzer Prize for fiction in 1937. Mitchell died in 1949 without writing a sequel. For years, fans wondered what happened to the characters in the original novel but no one could write a sequel without the permission of Mitchell's family. This is because the copyright holder has exclusive rights to create:

derivative works.

An exception to liability for copyright infringement is made under the doctrine of:

fair use

A color can never qualify for trademark protection.

false

A list of customers cannot be a trade secret.

false

A patent applicant must demonstrate that the invention, discovery, or design is totally brand new to the market to receive a patent.

false

A patent cannot be obtained for software.

false

An arbitrary use of ordinary words may not be trademarked.

false

In the United States, a patent is given to the first person to invent a product or process.

false

Pricing information cannot be a trade secret.

false

The Anti-Counterfeiting Trade Agreement (ACTA) applies only to counterfeit physical goods, such as medications.

false

The theft of trade secrets is not a crime unless a contract is breached.

false

Under the Anti-Counterfeiting Trade Agreement (ACTA), border officials of member nations must get a warrant from an international governing body before searching commercial shipments of imports and exports.

false

Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected:

for 20 years

In 2010, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara's work is protected:

for the life of the author plus seventy years.

The structure, sequence and organization of a computer program is protected by copyright, but for the most part, not its:

general appearance on screen.

Jami invents a new machine that automatically weeds small gardens. He obtains a patent for his invention from the U.S. government. Louisa buys one of Jami's machines, pulls it apart, copies his work, and starts producing and selling her own version of the amazing "Weed Eater." Louisa:

has infringed on Jami's patent rights.

Unlike copyright protection, protection of trade secrets extends to:

ideas and their expression.

The Anti-Counterfeiting Trade Agreement:

is an international treaty to combat global piracy.

Standard Corporation cannot claim a trademark in the phrase "Quality Is Standard" if the phrase:

is generic

George owns Murphy's Grill, a restaurant in a small town in Ohio. Without George's consent, Food Business, Inc., opens a club in New York City called Murphy's and begins to use "murphys" as part of the URL for the club's Web site. Food Business, Inc. has committed: copyright infringement. patent infringement. trademark dilution. none of the above.

none of the above

Juan develops a new bike lock to prevent theft of bicycles on college campuses. In order to protect his invention, he must file a patent. In order to file that application, he must show that his bike lock is:

novel, useful, and not obvious.

Standard Factory Machinery, Inc., obtains a patent on a drill press. Total Equipment Company (TEC) copies the design. This patent is infringed:

regardless of whether TEC copies the press in its entirety or sells it.

Copy Products, Inc. uses in its ads a trademark that is similar but not identical to a distinctive mark used by Durable Goods, Inc. Copy's use of the mark is actionable:

regardless of whether consumers are confused or Copy and Durable are competitors.

Businesses may protect their trade secrets by:

requiring that all employees must sign confidentiality agreements.

Joanie sees a news article about two people who fell in love while trapped in an elevator. She decides it would make a wonderful play and starts to write a description of the characters and the circumstances of their confinement. Two weeks later, Johnny publishes a short story about two people who fall in love while trapped in an elevator. Joanie claims that she has copyright protection. Joanie may have copyright protection for:

the expression of the story as she has written it.

Fiona invents a new deep-sea fishing net, which she names "Great Catch." She also writes the operating manual to be included with each net. Fiona could obtain copyright protection for:

the manual only

Jiffy Software, Inc., a U.S. manufacturer, files a suit against Kawa, Ltd., a Japanese software maker, for the infringement of intellectual property rights under Japan's national laws. Under the TRIPS agreement, Jiffy is entitled to receive:

the same treatment as Kawa.

Trademarks may be registered with:

the state or federal government.

If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, the firm commits:

the tort of patent infringement.

Under the Restatement of Torts, persons who disclose or use another's trade secret, without authorization, are liable to that other party if:

their disclosure or use constitutes a breach of a duty owed to the other party.

Ernie's 'Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is:

trade dress

Suppose that when you enter an "On the Border" Mexican restaurant, you see a distinctive interior, a distinctive menu, and a wait staff wearing distinctive attire. This combination of things creates a unique ambience, known in legal terms as a:

trade dress

The process behind the production of "Fast Pace," a racecar video game, is protected by:

trade secrets law.

Peak Corporation hacks into Quality Data Company's computers and downloads confidential business data. There is no contract between Peak and Quality regarding the data. This is:

trade secrets theft.

A formula for a chemical compound can be a trade secret.

true

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.

true

One of the goals of the Anti-Counterfeiting Trade Agreement (ACTA) treaty is to provide a legal framework to combat counterfeiting.

true

The Madrid Protocol aims to cut the cost and time required to protect trademarks internationally.

true

The Madrid Protocol concerns trademarks.

true

The TRIPS agreement includes copyright protection for computer programs.

true

There are no registration requirements for trade secrets.

true

After the patent period ends, anyone can make, sell, or use an invention:

without paying the patent holder.

A trade secret is anything that makes an individual company unique and that:

would have value to a competitor.