Ch. 8: Intellectual Property Rights

***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

A certification mark

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

A service mark

***A famous trademark may be diluted only by the unauthorized use of an identical mark.

FALSE

***A service mark distinguishes products used by those in public service

FALSE

***More than two hundred years ago, the Declaration of Independence recognized the importance of protecting creative work.

FALSE

***Trademarks may be registered only with the federal government

FALSE

A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.

FALSE

All aspects of software are protected by copyright law.

FALSE

Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine trademarked goods.

FALSE

For an infringement of copyright to occur, the reproduction must be exactly the same as the original.

FALSE

Production techniques are not trade secrets.

FALSE

States do NOT have trademark statutes

FALSE

Technology has limited the potential for copyright infringement via the Internet.

FALSE

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

FALSE

***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

Kamal's ise has no effect in the market for Lorena's work

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

Legal

***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

Milo does not have Paige's permission

***A license permits the use of another's intellectual property for certain purposes

TRUE

***An exception to liability for copyright infringement is made under the "fair use" doctrine.

TRUE

***With a few exceptions, almost anything is patentable

TRUE

A trade name can be protected under the common law, but only if it is unusual or fancifully used.

TRUE

Protection of trade secrets extends both to ideas and to their expression

TRUE

The theft of trade secrets is a federal crime.

TRUE

Under the Anti-Counterfeiting Trade Agreement, member nations are required to establish border measures that allow officials to search commercial shipments of imports and exports for counterfeit goods.

TRUE

Under the Madrid Protocol, a company can register its trademark in more than one country with a single application

TRUE

***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

consumers are confused

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

copyright infringement

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

copyright law

***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

for the life of the author plus seventy years

***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

for twenty years

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

is renewable every ten years

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

patent infringement

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

patent infringement

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

the Anti-Counterfeiting Trade Agreement

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

the information is unique and has value to a competitor

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

trade secrets law

***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

trademark infringement

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

a license

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

a theft of trade secrets

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

Trade name