BL 3335 Chester Test 2 Practice Questions

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

A trade name

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

Automatic

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

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

After a patent is issued, there is a nine-month limit before it can be challenged (T/F)

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 (T/F)

False

An unusual or fanciful trade name is not protected under trademark law (T/F)

False

Certain business processes are copyrightable (T/F)

False

Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets (T/F)

False

The registration of a copyright is not evidence that the copyright is valid (T/F)

False

To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally (T/F)

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

Information that may be protected as trade secrets includes

Customer lists, pricing information, marketing techniques

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

NONE OF THESE: trade secrets law, patent law, copyright law

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

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

Pricing information is not a trade secret (T/F)

False

Trademark dilution cannot occur online (T/F)

False

Under the Madrid Protocol, the fees and procedures for trademark registration vary significantly among individual countries (T/F)

False

Leigh buys Masters of Business, a copyrighted book. Under the first sale doctrine, Leigh can legally

Sell the book to another person

Works that are copyrightable include

books, music videos, product packaging

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

9 months

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"

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!"

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

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

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

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

To obtain copyright protection under federal law, a work must be original (T/F)

True

With respect to a patented process, all steps or their equivalent must be copied for infringement to occur (T/F)

True

Works that are copyrightable include product packaging (T/F)

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

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 (T/F)

False

A license that limits the uses of a patent by the licensee is unlawful (T/F)

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 (T/F)

False

If a creative work is not copyrightable, other intellectual property law will not protect it (T/F)

False

Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret (T/F)

False

Once a manufacturer's trademark is established, another manufacturer may use it without permission (T/F)

False

Only the federal government provides for the registration of trademarks (T/F)

False

Service marks are not protected in the same way as trademarks (T/F)

False

The European Union's copyright rules limit the royalty protection for musicians to ten years (T/F)

False

The United States can prosecute foreign counterfeiters under U.S. law (T/F)

False

The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products (T/F)

False

The products involved in a trademark dilution suit must be similar (T/F)

False

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

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

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

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

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

Certain business processes are patentable (T/F)

True

Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations (T/F)

True

Fanciful trademarks are sometimes considered to be the most distinctive trademarks (T/F)

True

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

Unique and has value to a competitor

Intellectual property is property resulting from intellectual, creative processes (T/F)

True

A descriptive term is protected under trademark law if it acquires a secondary meaning (T/F)

True

A patent applicant must demonstrate that an invention is useful to receive a patent (T/F)

True

A trade name is used to indicate all or part of a business's name (T/F)

True

A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement (T/F)

True

Some business processes can be protected as trade secrets (T/F)

True

The need to protect intellectual property is recognized in the U.S. Constitution (T/F)

True

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

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

A License

Alpha Inc. announces a new computer operating system to be marketed under the name McSoftware. McDonald's Corp. asserts that the use of this name infringes on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term. Alpha responds that "Mc" has come into generic use as a prefix and therefore McDonald's has no trademark rights to the prefix. Alpha files an action, seeking a judgment that the mark McSoftware does not infringe on McDonald's trademarks. What factors will the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

The most important factor in the court's consideration of this issue would probably be the likelihood of confusion if Alpha used the "Mc" prefix. The court might conclude that "Mc" had not come into generic use and reason that consumer confusion was likely if the "McSoftware" name were used. The court might note that McDonald's is the largest single-brand advertiser in the United States. Most Americans are familiar with its logo and its various "Mc" products, and many would be led to believe that McSoftware was affiliated with McDonald's. To the court, Alpha's use of the name McSoftware would likely appear to be a deliberate attempt to benefit by the goodwill and reputation of McDonald's, and permanently enjoin Alpha from using the name.

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

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

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

The type of intellectual property involved in this situation would be copyright. It would involve the fact that the publishers of CCS are copying and selling the materials of Deep Topics without permission. The type of defense that CCS is likely to use is the fair use doctrine. The fair use doctrine is any copying of copyrighted material done for a limited purpose. The court is most likely to rule that CCS's use of the texts published by Deep Topics is not a fair use

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