CHT 8
58. To be protected under the Copyright Act, a work must be a. an inseparable idea and expression. b. original and fixed in a durable medium. c. a concept, principle, or discovery. d. none of the choices.
ANSWER: b
44. Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime a. only if the labels have negative effects on legitimate businesses. b. only if the labels are attached to counterfeit goods. c. under all circumstances. d. under no circumstances.
ANSWER: c
46. Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a. none of the choices. b. a trade secret. c. a service mark. d. a trade name.
ANSWER: c
47. Galaxy Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is a. none of the choices. b. a trade secret. c. a service mark. d. a trade name.
ANSWER: c
68. 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.
ANSWER: c
43. 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 a. Crabapple. b. the U.S. Patent and Trademark Office. c. consumers who buy Crabapple's desserts. d. all of the choices.
ANSWER: a
60. 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 a. copyright infringement. b. a "fair use." c. a legitimate creative act. d. none of the choices.
ANSWER: a
62. Leigh buys Masters of Business, a copyrighted book. Under the first sale doctrine, Leigh can legally a. sell the book to another person. b. republish the book as her own work. c. control the distribution of other copies of the book. d. none of the choices.
ANSWER: a
41. 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 a. Don begins to market his line of clothing. b. customers begin to associate the name with the source of the product. c. Don begins to make his line of clothing. d. all of the choices.
ANSWER: b
50. 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 a. licenses. b. counterfeit goods. c. competing products. d. trademarks.
ANSWER: b
56. GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely a. copyright infringement. b. patent infringement. c. trademark infringement. d. none of the choices.
ANSWER: b
61. 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. copyright infringement. b. a "fair use." c. legal only on a payment of royalties to Bette. d. legal only on a payment of royalties to City Orchestra.
ANSWER: b
63. Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to a. the general appearance of the app. b. the parts of the app that can be read by computers. c. the command structure of the app. d. all of the choices.
ANSWER: b
38. 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 a. copyright infringement. b. patent infringement. c. trademark infringement. d. none of the choices.
ANSWER: c
42. Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime a. only if the counterfeits have negative effects on legitimate businesses. b. only if the counterfeits present serious public health risks. c. under all circumstances. d. under no circumstances.
ANSWER: c
57. Works that are copyrightable include a. books. b. music videos. c. product packaging. d. all of the choices.
ANSWER: d
65. 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. copyright infringement. b. patent infringement. c. trademark infringement. d. a theft of trade secrets.
ANSWER: d
66. Information that may be protected as trade secrets includes a. customer lists. b. pricing information. c. marketing techniques. d. all of the choices.
ANSWER: d
39. Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement a. if consumers are confused. b. all of the choices. c. only if the two companies' products are similar. d. if the use diminishes the distinctive quality of the mark.
ANSWER: a
40. 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 a. logo. b. publications. c. printing process. d. printer.
ANSWER: a
45. 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 a. national. b. limited to Gargantua's home state. c. limited to Gargantua's market. d. limited to those who have actual notice of it.
ANSWER: a
49. 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 a. rule in the plaintiff's favor. b. dismiss the suit. c. order both parties to redesign their respective products. d. order both parties to destroy all remaining fish-shaped crackers.
ANSWER: a
51. 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 a. Apex Electrical only. b. both businesses but no others. c. neither business. d. both businesses and any others that own the mark.
ANSWER: a
52. 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 a. their lost net profits. b. the retail prices of the genuine drugs. c. Pseudo's profits from the sale of the counterfeit drugs. d. the retail prices of the counterfeit drugs.
ANSWER: a
53. 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. a patent. b. a trademark. c. a copyright. d. a trade secret.
ANSWER: a
54. O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is a. a license. b. copyright infringement. c. trademark infringement. d. patent infringement.
ANSWER: a
55. 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 a. nine months. b. twenty years. c. the life of the inventor plus seventy years. d. no specific time.
ANSWER: a
59. Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is a. not possible. b. automatic. c. available only on registration with the U.S. Copyright Office. d. enforceable only if Stig places a circled "c" on the work.
ANSWER: b
64. 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 a. the screen displays of the software. b. the parts of the software that can be read by humans. c. the menus of the software. d. any of the choices.
ANSWER: b
70. 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 a. more protection under Mexican law than Video. b. the same rights and protection under Mexican law as Video. c. fewer rights under Mexican law than Video. d. none of the choices.
ANSWER: b
69. 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 a. France only. b. France and the United States only. c. all of the signatories of the Berne Convention. d. none of the choices.
ANSWER: c
37. 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 a. if consumers are confused. b. all of the choices. c. only if the two companies' products are similar. d. if the use diminishes the distinctive quality of the mark.
ANSWER: d
48. Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a. none of the choices. b. a trade secret. c. a service mark. d. a trade name.
ANSWER: d
67. Like most successful companies, Phones Inc. has trade secrets. The law protects those secrets if the information is a. not revealed to outside parties. b. cataloged by the company as "confidential." c. useful and is in fact used by the company. d. of value to a competitor.
ANSWER: d
36. Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include a. a catchy phrase, such as "Stuff your home with Home Stuff!" b. the shape of a container, even if it does not aid in product identification. c. use of another party's established trademark, with or without permission. d. none of the choices.
ANSWER: a