Question 1

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.

Accepted Answer

Tai Ltd. is engaged in trafficking counterfeit packaging by affixing a genuine trademarked label to an inferior product. This is illegal and considered a crime.

Question 2

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.

Accepted Answer

The use of a similar name by Darkroast Java, Inc. is likely to be a trademark infringement as it can create confusion among consumers regarding the source of the product.

Question 3

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

Accepted Answer

This is because of the fair use exception in copyright law, which allows for limited reproduction of copyrighted material for purposes such as teaching, criticism, commentary, and news reporting, among others. However, there are limitations on how much can be copied, and the use must be considered "fair" and not harm the market value of the original work.

Question 4

A marketing technique can be a trade secret.

Accepted Answer

A marketing technique can be considered a trade secret if it is kept confidential and provides a competitive advantage to the business. Trade secrets are a type of intellectual property that can be protected under the law.

Question 5

All aspects of software are protected by copyright law.

Accepted Answer

Copyright law protects the expression of ideas in software, such as the code and user interface, but not the ideas, concepts, or functions themselves.

Question 6

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

Accepted Answer

The TRIPS agreement requires member countries to include provisions for intellectual property rights in their domestic laws.

Question 7

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.

Accepted Answer

The acquisition of a secondary meaning for a personal name in the context of a product or brand depends on various factors, including the extent of marketing, the market presence, and sales volume. All these elements contribute to the association of the name with the specific product or brand in the minds of consumers.

Question 8

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

Accepted Answer

The fair use doctrine allows for limited use of copyrighted material without obtaining permission from the rights holder or paying licensing fees. This includes uses such as criticism, comment, news reporting, teaching, scholarship, and research. However, the determination of fair use is often subjective and depends on various factors such as the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the potential market for the work.

Question 9

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.

Accepted Answer

Trademark dilution occurs when the unauthorized use of a similar mark by another party is likely to impair the distinctiveness of the famous mark or harm its reputation. It does not require consumer confusion or competition between the parties, but it does require an intentional use. Therefore, the best choice is D.

Question 10

AllforOne Inc.develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for​
A)the phone.
B)the "newness" of the device.
C)the name "OneforAll."
D)none of the choices.

Accepted Answer

Trademark protection can be obtained for names, logos, slogans, and other distinctive marks that can identify a company's products or services from those of its competitors. As "OneforAll" is the name of the new phone developed by AllforOne, it is eligible for trademark protection.

Question 11

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights.

Accepted Answer

This is true, as copyright protection exists automatically upon creation of an original work, regardless of whether the author is a citizen of a country that is a party to international copyright agreements. However, registration with a national copyright office can provide additional legal protections and benefits.

Question 12

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

Accepted Answer

A copy does not have to be exactly the same as the original to infringe a copyright. Even a substantially similar copy can be considered an infringement.

Question 13

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

Accepted Answer

The Anti-Counterfeiting Trade Agreement (ACTA) is an international treaty that addresses the enforcement of intellectual property rights, including the protection of copyrighted works from piracy and distribution via the Internet.

Question 14

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

Accepted Answer

Theft of confidential data by industrial espionage involves stealing trade secrets, which is illegal and unethical.

Question 15

The TRIPS agreement covers computer programs.

Accepted Answer

The TRIPS agreement covers computer programs under the category of literary and artistic works, as they are considered intellectual property.

Question 16

The theft of trade secrets is a federal crime.

Accepted Answer

The Economic Espionage Act of 1996 makes the theft of trade secrets a federal crime.

Question 17

Copyright protection is automatic-registration is not required.

Accepted Answer

Copyright protection is automatic and does not require registration.

Question 18

Production techniques are not trade secrets.

Accepted Answer

Production techniques can be considered trade secrets if they are not generally known or readily ascertainable by others and provide a competitive advantage to the company that holds them.

Question 19

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

Accepted Answer

The first sale doctrine allows a person who lawfully owns a copyrighted work to sell or otherwise dispose of the work without the owner's permission.

Question 20

Protection of trade secrets extends both to ideas and to their expression.

Accepted Answer

Trade secrets protect both the underlying ideas and the expression of those ideas. This means that companies can prevent others from using a wide range of confidential information, including formulas, designs, methods, and processes.

Quiz 8: Intellectual Property Rights

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

A marketing technique can be a trade secret.

All aspects of software are protected by copyright law.

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

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​

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

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​

AllforOne Inc.develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for​