Business Law - Quiz 2 (Ch 4 & 5)
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.
Facts that are generally known to the public are copyrightable.
False
Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets.
False
The European Union's copyright rules limit the royalty protection for musicians to ten years.
False
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.
False
A general patent gives the inventor the exclusive right to make, use, and sell an invention for a period of thirty years.
False
Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.
False
Once a manufacturer's trademark is established, another manufacturer may use it without permission.
False
Only the federal government provides for the registration of trademarks.
False
The first person to invent a product gets the patent protection.
False
The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by
It cannot be protected.
_______________________ is essentially a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.
Service mark
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.
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.
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.
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.
The period of patent protection begins on the date when the patent application is ________________.
filed
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.
Like most successful companies, Phones, Inc., has trade secrets. The law protects those secrets if the information is
of value to a competitor.
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.
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.
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.
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
nine months.
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.
Copyright owners are protected against all, but which of the following:
people sharing copies with friends to read.
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.
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.
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.
Businesses generally attempt to protect their __________________ by having all employees who use the process or information agree in their contracts, or in confidentiality agreements, never to divulge it.
trade secrets
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.
Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime
under all circumstances.
A patent applicant must demonstrate that an invention is useful to receive a patent.
True
A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.
True
The United States has signed the Anti-Counterfeiting Trade Agreement (ACTA), an international treaty to combat global counterfeiting and piracy.
True
To obtain copyright protection under federal law, a work must be original
True
With respect to a patented process, all steps or their equivalent must be copied for infringement to occur.
True
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."
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 catchy phrase, such as "Stuff your home with Home Stuff!"
O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is
a license.
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.
Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is
a trade name.
A patent holder who has been violated can seek _____________________as well as request damages for royalties and lost profits.
an injunction
Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is
automatic and no registration required
Works that are copyrightable include (choose all applicable answers)
books.
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.
Generic terms that refer to an entire class of products, such as bicycle and computer, receive no protection, even if they acquire secondary meanings.
True