CH 8

. The need to protect intellectual property is recognized in the Declaration of Independence. a. True b. False

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce. a. True b. False

A famous trademark may be diluted only by the unauthorized use of an identical mark. a. True b. False

By using another's trademark, a business could lead consumers to believe that its goods were made by the other business. a. True b. False

A trademark must be registered to support a trademark infringement action. a. True b. False

. States do not have trademark statutes. a. True b. False

An arbitrary use of ordinary words may not be trademarked. a. True b. False

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.

Trade names have the same legal protection as trademarks. a. True b. False

Counterfeit goods are in fact sometimes genuine. a. True b. False

A service mark distinguishes products used by those in public service. a. True b. False

A certification mark distinguishes products approved, or "certified," by the government. a. True b. False

A personal name is not protected under trademark law if it acquires a secondary meaning. a. True b. False

A trade name cannot be protected if it is unusual. a. True b. False

A patent applicant must demonstrate that an invention is marketable to receive a patent. a. True b. False

Patent infringement occurs only if all features or parts of a product are copied. a. True b. False

In order to be patentable, the subject must be novel, useful and non-obvious. a. True b. False

. 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

A license permits the use of intellectual property for certain limited purposes. a. True b. False

It is not possible to copyright an idea. a. True b. False

An exception to liability for copyright infringement is made under the "fair use" doctrine. a. True b. False

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties. a. True b. False

Copyright protection is automatic—registration is not required. a. True b. False

All aspects of software are protected by copyright law. a. True b. False

A copy must be exactly the same as the original to infringe a copyright. a. True b. False

A person who buys a copyrighted work cannot sell it to someone else. a. True b. False

A marketing technique can be a trade secret. a. True b. False

Theft of confidential data by industrial espionage is a theft of trade secrets. a. True b. False

Production techniques are not trade secrets. a. True b. False

Protection of trade secrets extends both to ideas and to their expression. a. True b. False

The theft of trade secrets is a federal crime. a. True b. False

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 author's copyright. a. True b. False

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights. a. True b. False

The TRIPS agreement covers computer programs. a. True b. False

The Anti-Counterfeiting Trade Agreement applies to pirated, copyrighted works being distributed via the Internet. a. True b. False

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.

. 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. consumers are confused. b. Sleek Feet and Thor are competitors. c. Sleek Feet's use is intentional. d. Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.

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.

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 Jon's line of clothing. c. the number of clothing sales Jon makes. d. all of the choices are correct.

From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firm's 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.

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable for trademark infringement provided: a. consumers are confused. b. Bubbly's use is intentional. c. Bubbly's use reduces the value of Sparkly's mark. d. Sparkly's mark is registered.

Li'l 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.

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

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.

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. a service mark. d. trade dress.

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.

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a a. Certification mark. b. collective mark. c. service mark. d. trade name.

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. patent infringement. c. trademark infringement. d. none of the choices.

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.

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.

Gro, Inc., makes genetically modified seeds with properties 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. not infringement.

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. copyright infringement. b. patent infringement. c. trademark infringement. d. a theft of trade secrets.

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.

RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided a. consumers are confused. b. Steel's conduct is intentional. c. Steel's conduct reduces the value of RiteMade's design. d. RiteMade's design is patented.

Mary Kate Inc. allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is a. a license. b. a likelihood of consumer confusion. c. cybersquatting. d. trademark dilution.

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.

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. trademark infringement. d. none of the choices.

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.

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. damages only. c. fines or imprisonment only. d. nothing.

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, Kelly's 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.

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.

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.

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. copyright infringement. b. fair use. c. licensing. d. protected expression.

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. consumers are confused. b. Marlo's use is intentional. c. Marlo's use reproduces Paige's chapter exactly. d. Marlo's does not have Paige's permission.

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.

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

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 company's employ. d. the information is unique and has value to a competitor.

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.

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 Mexico's 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.

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.

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.

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a a. Certification mark. b. collective mark. c. service mark. d. trade name.

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.