Business Law Chapter 8: Intellectual Property

17 : In order to be patentable, the subject must be novel, useful and non-obvious. A : true B : false

A

19 : A license permits the use of intellectual property for certain limited purposes. A : true B : false

A

20 : It is not possible to copyright an idea. A : true B : false

A

21 : An exception to liability for copyright infringement is made under the fair use doctrine. A : true B : false

A

22 : A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties. A : true B : false

A

23 : Copyright protection is automaticregistration is not required. A : true B : false

A

27 : A marketing technique can be a trade secret. A : true B : false

A

28 : Theft of confidential data by industrial espionage is a theft of trade secrets. A : true B : false

A

30 : Protection of trade secrets extends both to ideas and to their expression. A : true B : false

A

31 : The theft of trade secrets is a federal crime. A : true B : false

A

32 : If anyone who is a citizen of a country that has not signed the Berne Convention first publishes a book in a signatory country, all other signatory countries must recognize the authors copyright. A : true B : false

A

33 : Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights. A : true B : false

A

34 : The TRIPS agreement covers computer programs. A : true B : false

A

35 : The Anti-Counterfeiting Trade Agreement applies to pirated, copyrighted works being distributed via the Internet. A : true B : false

A

41 : Bubbly Cola features Sparkly Colas trademark without its owners permission. Bubblys use of the mark is actionable for trademark infringement provided: A : consumers are confused. B : Bubblys use is intentional. C : Bubblys use reduces the value of Sparklys mark. D : Sparklys mark is registered.

A

42 : Lil Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC A : can register the mark for protection. B : cannot register a mark that has been used in commerce. C : has committed trademark infringement. D : must put off registration until the mark is out of use for six months.

A

43 : Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration A : is renewable every ten years. B : is renewable every twenty years. C : runs for the life of the corporation plus seventy years. D : runs forever.

A

49 : Resurgent Corporation designs a new mobile device that the firm names SyFye. The company can obtain patent protection for A : the device. B : the idea for the device. C : the name SyFye. D : none of the choices.

A

50 : Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers trademark as part of its company advertising. This is A : a license. B : likely to confuse consumers. C : trademark infringement. D : trademark dilution.

A

55 : Mary Kate Inc. allows Ashley Company to use Mary Kates trademark as part of Ashleys domain name. This is A : a license. B : a likelihood of consumer confusion. C : cybersquatting. D : trademark dilution.

A

57 : In his recording Nothing Nu 4U, OReilly uses the melody of a song written by Pete. OReilly did not obtain Petes permission. This is A : copyright infringement. B : patent infringement. C : trademark infringement. D : none of the choices.

A

58 : Trade Publishing Inc. owns the rights to the Aura series of paranormal-themed novels, and publishes and sells copies in bookstores and online. Sydney buys and reads a copy of each book in the series. With regard to these copies, Sydney can A : sell them to someone else. B : only sell them back to the publisher. C : only return them to the place of purchase for a refund. D : not sell or return them.

A

59 : Garrett makes and distributes copies of Here We Go Again, a movie copyrighted by Indie Motion Pictures, Inc. Garrett does this without Indies permission. He may be liable for A : damages, fines, or imprisonment. B : damages only. C : fines or imprisonment only. D : nothing.

A

61 : Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by A : copyright law. B : patent law. C : trademark law. D : none of the choices.

A

62 : Galileo buys a copy of the book Hip Hop. Later, after reading the book, Galileo sells the book to his sister Inez. This sale of the book is A : legal. B : legal only if the copyright has expired. C : legal only if he sells it for less than he paid for it. D : illegal.

A

63 : Mace copies Nicks book, Off the Road, in its entirety and sells it to Parkland Books, Inc., without Nicks permission. Parkland publishes it under Maces name. This is A : copyright infringement. B : fair use. C : licensing. D : protected expression.

A

9 : Trade names have the same legal protection as trademarks. A : true B : false

A

12 : A certification mark distinguishes products approved, or certified, by the government. A : true B : false

B

13 : A personal name is not protected under trademark law if it acquires a secondary meaning. A : true B : false

B

14 : A trade name cannot be protected if it is unusual. A : true B : false

B

15 : A patent applicant must demonstrate that an invention is marketable to receive a patent. A : true B : false

B

40 : From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firms trademark, ships the labels to another location, and then affixes them to an inferior product. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to A : import genuine trademarked goods. B : traffic in counterfeit packaging. C : sell counterfeit versions of brand-name products in foreign countries. D : unknowingly buy goods with a counterfeit mark.

B

48 : Sui Generis, Inc. (SGI), designs and sells solar energy cells to research laboratories, commercial businesses, and individual consumers. Later, without SGIs permission, Mimic Company begins to sell cells of identical design to the same markets. This is most likely A : copyright infringement. B : patent infringement. C : trademark infringement. D : none of the choices.

B

5 : A trademark must be registered to support a trademark infringement action. A : true B : false

B

51 : Gro, Inc., makes genetically modified seeds with properties that are identical to Harvest Corporations patented seeds, without Harvests permission. This is most likely A : copyright infringement. B : patent infringement. C : trademark infringement. D : not infringement.

B

52 : Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporations design without Hybrids permission. This is most likely A : copyright infringement. B : patent infringement. C : trademark infringement. D : a theft of trade secrets.

B

53 : Louie invents Market Up, new business inventory control software, and applies for a patent. If Louie is granted a patent, it will protect the product A : for ten years. B : for twenty years. C : for the life of Louie plus seventy years. D : until the next software upgrade.

B

4 : By using anothers trademark, a business could lead consumers to believe that its goods were made by the other business. A : true B : false

A

1 : The need to protect intellectual property is recognized in the Declaration of Independence. A : true B : false

B

10 : Counterfeit goods are in fact sometimes genuine. A : true B : false

B

11 : A service mark distinguishes products used by those in public service. A : true B : false

B

16 : Patent infringement occurs only if all features or parts of a product are copied. A : true B : false

B

18 : The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent. A : true B : false

B

2 : An applicant cannot register a trademark on the basis of an intention to use the mark in commerce. A : true B : false

B

24 : All aspects of software are protected by copyright law. A : true B : false

B

25 : A copy must be exactly the same as the original to infringe a copyright. A : true B : false

B

26 : A person who buys a copyrighted work cannot sell it to someone else. A : true B : false

B

29 : Production techniques are not trade secrets. A : true B : false

B

3 : A famous trademark may be diluted only by the unauthorized use of an identical mark. A : true B : false

B

6 : States do not have trademark statutes. A : true B : false

B

69 : Reprise Entertainment, Inc., a U.S. television and movie production company, files suit against Substantivo TV, Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexicos national laws. Both the United States and Mexico are signatories to TRIPS and under that agreement, Reprise is entitled to receive: A : better treatment than Substantivo. B : the same rights and protections in Mexico as Substantivo. C : nothing. D : fewer rights and protections in Mexico than Substantivo.

B

7 : An arbitrary use of ordinary words may not be trademarked. A : true B : false

B

8 : To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark. A : true B : false

B

70 : Ky 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 A : the Federal Trademark Dilution Act. B : the Madrid Protocol. C : the Trade-Related Aspects of Intellectual Property Rights agreement. D : the Anti-Counterfeiting Trade Agreement.

D

36 : iMeeMine Inc. develops a new mobile phone that the company names Call Mee. iMeeMine can obtain trademark protection for A : the phone. B : the newness of the device. C : the name Call Mee. D : none of the choices.

C

38 : Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name CoCoCafe. Darkroast Java, Inc., later markets a similar tasting drink under the name KoKoKafe. This is most likely A : copyright infringement. B : patent infringement. C : trademark infringement. D : a theft of trade secrets.

C

44 : Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a A : a certification mark. B : a collective mark. C : a service mark. D : a trade name.

C

45 : Sweetleaf 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 : a certification mark. B : none of the choices. C : none of the choices. D : trade dress.

C

46 : Constellation Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is A : a certification mark. B : a collective mark. C : a service mark. D : trade dress.

C

60 : In 2017, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kellys work is protected A : for ten years. B : for twenty years. C : for the life of the author plus seventy years. D : until a revised or updated edition is issued.

C

65 : Creation Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to A : all aspects of the software. B : the look and feel of the software. C : those parts of the software that can be read by humans. D : all of the choices.

C

37 : In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feets unauthorized use of the mark constitutes trademark dilution, provided that A : consumers are confused. B : Sleek Feet and Thor are competitors. C : Sleek Feets use is intentional. D : Sleek Feets use is likely to impair the distinctiveness of Thors mark or harm its reputation.

D

39 : Jon Joans decides to use his personal name for a line of clothing he is developing. Whether or not the name Jon Joans acquires a secondary meaning will depend on A : how extensively Jon markets his line of clothing. B : the market for Jons line of clothing. C : the number of clothing sales Jon makes. D : all of the choices are correct.

D

47 : Chris operates the Devils Brew chain of coffee stands. Devils Brew is a A : certification mark. B : collective mark. C : service mark. D : trade name.

D

54 : RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMades permission. Steels conduct is actionable provided A : consumers are confused. B : Steels conduct is intentional. C : Steels conduct reduces the value of RiteMades design. D : RiteMades design is patented.

D

56 : Moe applies nano technology to invent a device that reduces the half-life of spent plutonium rods used in nuclear-fuel reactors. He names the device Halftime. He also writes Nano Nukes, a book about this invention and other uses for nano technology. Moe can obtain copyright protection for A : the device. B : all of the choices. C : the name Halftime. D : the book Nano Nukes.

D

64 : Marlo publishes a book titled No Equals, which includes a chapter from Paiges copyrighted book Olympic Champions. Marlos use of the chapter is actionable provided that A : consumers are confused. B : Marlos use is intentional. C : Marlos use reproduces Paiges chapter exactly. D : Marlos does not have Paiges permission.

D

66 : The idea for Price + Profit, an app that businesses can use to track their revenue, profit, and payroll, is protected by A : copyright law. B : patent law. C : none of the choices. D : trade secrets law.

D

67 : Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if A : P&P employees do not divulge the information to outside parties. B : P&P employees do not handle confidential documents. C : P&P employees never leave the companys employ. D : the information is unique and has value to a competitor.

D

68 : The process behind the production of Account Inc., a suite of business accounting and inventory software, is protected by A : copyright law. B : patent law. C : none of the choices. D : trade secrets law.

D