BL ch8
In his recording "Nothing Nu 4U," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This is a. copyright infringement. b. patent infringement. c. none of the choices. d. trademark infringement.
a.
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. trademark dilution. c. likely to confuse consumers. d. trademark infringement.
a.
Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for: a. the grill only. b. the manual only. c. the name only. d. the grill, the name, and the manual.
c.
Under federal copyright laws, a single-authored book is: a. not protected. b. protected forever. c. protected for the author's life plus seventy years. d. protected for two generations of heirs after the author dies.
c.
Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration a. is renewable every ten years. b. runs forever. c. runs for the life of the corporation plus seventy years. d. is renewable every twenty years.
a.
Garrett makes and distributes copies of Here We Go Again, a movie copyrighted by Indie Motion Pictures, Inc. Garrett does this without Indie's permission. He may be liable for a. damages, fines, or imprisonment. b. nothing. c. fines or imprisonment only. d. damages only.
a.
Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot Products' in the air conditioners it manufactures. Allied Electric does not have Hot Products' permission to use the motor. Can Hot Products win a patent infringement case against Allied Electric? a. Yes, because Allied Electric infringed on Hot Products' patent. b. No, unless consumers are confused. c. No, unless Hot Products has sold the motor in the marketplace. d. Yes, if Allied Electric and Hot Products are competitors.
a.
In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book: a. is protected for her life plus seventy years. b. is not protected at all. c. is protected for ten years. d. is protected forever.
a.
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 twenty years. b. for ten years. c. for the life of Louie plus seventy years. d. until the next software upgrade.
a.
Without permission, Sally copies photographs from Isaiah's book Mount Everest: Top of the World and uses them in a new book. Sally's book is about photography not mountains. Sally's use of the photos is: a. an infringement of Isaiah's copyright. b. protected if Sally and Isaiah are competitors. c. an infringement of Isaiah's copyright only if consumers are confused. d. protected under the fair use doctrine.
a.
Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely a. patent infringement. b. trademark infringement. c. copyright infringement. d. a theft of trade secrets.
a.
. A copyright is a tangible property right; this means that you can touch and feel it. a. True b. False
b.
Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of: a. trade dress infringement. b. trademark infringement. c. patent infringement. d. copyright infringement.
b.
Samuel writes a book and files for copyright protection in the United States. In order for Samuel to receive copyright protection in France and Germany, Samuel: a. cannot receive protection in other countries once the U.S. copyright application has been filed. b. will receive international copyright protection pursuant to the Berne Convention. c. must file new and separate copyright applications in both countries. d. will receive international copyright protection pursuant to the Paris Convention.
b.
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. trade secrets law. c. none of the choices. d. patent law.
b.
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 trade name. b. a service mark. c. a collective mark. d. a certification mark.
b.
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 collective mark. b. a service mark. c. trade dress. d. a certification mark.
b.
Creation Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to a. the "look and feel" of the software. b. those parts of the software that can be read by humans. c. all aspects of the software. d. all of the choices.
b.
Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by a. patent law. b. copyright law. c. none of the choices. d. trademark law.
b.
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. the number of clothing sales Jon makes. b. all of the choices are correct. c. how extensively Jon markets his line of clothing. d. the market for Jon's line of clothing.
b.
Resurgent Corporation designs a new mobile device that the firm names "SyFye." The company can obtain patent protection for a. the name "SyFye." b. the device. c. none of the choices. d. the idea for the device.
b.
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. not sell or return them. b. sell them to someone else. c. only return them to the place of purchase for a refund. d. only sell them back to the publisher.
b.
A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for: a. only the information contained in the files for the new game. b. only Laz's ideas concerning the design of the game. c. the information in the files and Laz's ideas for the game design. d. none of the information in the files.
c.
On the Border Mexican restaurants all have the same terra-cotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus, the wait staff wear similar types of clothing, and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their: a. trade secret. b. trade name. c. trade dress. d. trademark.
c.
Rachel has just finished the business plan for a franchise that she expects will have international appeal. She is concerned about protecting the trade name of the business. Which of the listed answers provides her an avenue for registering a trade name internationally? a. The Anti-Counterfeiting Trade Agreement b. The Berne Convention c. The Madrid Protocol d. The TRIPS Agreement
c.
Roger McDonald decides to open up a series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's Corporation, the famous fast food restaurant chain, wants him to stop using the curvy M, as it resembles McDonald's Corporation's famous golden arches. Assuming that the association with a liquor store would likely harm McDonald's Corporation's reputation, McDonald's Corporation wants to stop Roger from using the blue M. Which statement is true? a. McDonald's cannot stop him from using the blue M because McDonald's cannot trademark an entire letter of the alphabet. b. McDonald's cannot stop him from using the blue M because it is not identical to the golden arches. c. McDonald's can stop him from using the blue M if the similarity between the marks creates an association between them. d. McDonald's can stop him from using the blue M only if there is a substantial likelihood of confusion by consumers.
c.
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. the information is unique and has value to a competitor. d. P&P employees never leave the company's employ.
c.
Sui Generis, Inc. (SGI), designs and sells solar energy cells to research laboratories, commercial businesses, and individual consumers. Later, without SGI's permission, Mimic Company begins to sell cells of identical design to the same markets. This is most likely a. copyright infringement. b. none of the choices. c. patent infringement. d. trademark infringement.
c.
The process behind the production of "Account Inc.," a suite of business accounting and inventory software, is protected by a. none of the choices. b. patent law. c. trade secrets law. d. copyright law.
c. .
Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a: a. collective mark. b. trade name. c. certification mark. d. service mark.
d.
BKS Incorporated has a research and development (R&D) facility in the Arizona desert. Only authorized persons are allowed in the facility, and all employees and guests must sign a non-disclosure agreement. BKS likely considers the ideas of the people in their R&D division to be: a. patented. b. copyrighted. c. trademarked. d. trade secrets.
d.
Carissa writes a novel but does not register a copyright for the novel. Carissa e-mails a copy of the novel to her friend Kevin. Carissa: a. has a valid copyright on the novel after Kevin opens the e-mail. b. does not have a valid copyright because novels are not copyrightable. c. does not have a valid copyright because she did not register it. d. has a valid copyright on the novel even though she didn't register it.
d.
Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects: a. Cason's process. b. Cason's concept and process. c. Cason's concept. d. neither Cason's concept nor his process.
d.
John invents a new type of automobile-tracking system on January 1 and files a patent application for it on June 30. On March 10, Susan invents a very similar system and files a patent application on March 15. Under the America Invents Act, who holds the valid patent? a. John because he was the first to invent the system. b. Susan because she filed a patent application within ten days of inventing the system. c. John because the most recent application is the most valid. d. Susan because she filed a patent application first.
d.
Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a a. collective mark. b. service mark. c. certification mark. d. trade name.
d.
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 Feet's unauthorized use of the mark constitutes trademark dilution, provided that a. Sleek Feet and Thor are competitors. b. Sleek Feet's use is intentional. c. consumers are confused. d. Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.
d.
Mace copies Nick's book, Off the Road, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is a. protected expression. b. fair use. c. licensing. d. copyright infringement.
d.
Marlo publishes a book titled No Equals, which includes a chapter from Paige's copyrighted book Olympic Champions. Marlo's use of the chapter is actionable provided that a. Marlo's use reproduces Paige's chapter exactly. b. Marlo's use is intentional. c. consumers are confused. d. Marlo's does not have Paige's permission
d.
Mary Kate Inc. allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is a. a likelihood of consumer confusion. b. cybersquatting. c. trademark dilution. d. a license.
d.
iMeeMine Inc. develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for a. none of the choices. b. the "newness" of the device. c. the phone. d. the name "Call Mee."
d.
