Question 1

Riley invents a new valve to cap undersea oil spills. He names the valve "Great Catch." He also writes the installation manual to be included with each valve. Riley can obtain copyright protection for
A) the valve.
B) the "newness" of the valve.
C) the name.
D) the installation manual.

Accepted Answer

While Riley may be able to seek patent protection for the valve itself (A) and potentially trademark protection for the name (C), the installation manual is eligible for copyright protection (D). Copyright applies to original works of authorship, which includes written instructions and manuals. The "newness" of the valve (B) is not eligible for intellectual property protection.

Question 2

Go! is a handheld video game featuring races between imaginary creatures and vehicles. The graphics used in the game are protected by
A) copyright law.
B) patent law.
C) trademark law.
D) trade secrets law.

Accepted Answer

Copyright law protects original works of authorship, including graphics used in video games.

Question 3

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.

Accepted Answer

A service mark is used to distinguish and identify the services of one provider from those of others and can include names, logos, or slogans used to identify the service. In this case, "Weather Wendy" is a name used to identify the weather forecasting services provided by Wendy, making it a service mark.

Question 4

In 2012, Online Marketing Corporation 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.

Accepted Answer

According to federal law, trademark registrations are renewable every ten years.

Question 5

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?
A) A sculpture of Sayers's dog
B) A book about Sayers's business successes
C) A movie about Sayers's life
D) Sayers's idea for a new way to play the guitar

Accepted Answer

Ideas themselves are not copyrightable, only the expression of those ideas in a tangible form such as a written work or a product design. Therefore, Sayers's idea for a new way to play the guitar would not be copyrightable, but a written description or recording of that idea would be.

Question 6

Jeannie runs a dude ranch called J Bar B Dude Ranch and has a Web site called www,jbarbduderanch.com. Ben starts another dude ranch and registers a Web site called www,jbarbduderanch.com. Ben is
A) cybersquatting.
B) cyberstalking.
C) not doing anything illegal.
D) counterfeiting.

Accepted Answer

Ben is cybersquatting by registering a domain name that is confusingly similar to Jeannie's existing domain name for her business. This is a violation of the Anticybersquatting Consumer Protection Act (ACPA).

Question 7

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle
A) is automatically protected against trademark infringement.
B) receives no protection against trademark infringement.
C) can be registered as a trademark to obtain protection against trademark infringement.
D) can be registered as a certification mark.

Accepted Answer

The answer of Billy opens a bicycle shop that sells...

Question 8

Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) not infringement.

Accepted Answer

Patents protect novel and non-obvious inventions, including unique designs of products, which seems to be the case with SUI's telescopes. Thus, Telescopes Etc. Corporation's selling identical scopes without SUI's permission would be patent infringement. Copyright infringement relates to elements of original works of creative expression, trademark infringement relates to unauthorized use of specific marks or logos, and the answer D is too broad and doesn't provide any relevant information in this specific context.

Question 9

E-Shopping Corporation inserts Fiesta Mall, Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use. This is
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) no infringement.

Accepted Answer

E-Shopping Corporation's use of Fiesta Mall, Inc.'s trademark as a meta tag without permission is a form of trademark infringement. It may create confusion or deceive individuals into believing that Fiesta authorized the use or is connected with E-Shopping's website.

Question 10

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on
A) how extensively John markets his line of clothing.
B) the market for John's line of clothing.
C) the number of clothing sales John makes.
D) all of the choices are correct.

Accepted Answer

The answer of John Jones decides to use his personal...

Question 11

Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric can obtain patent protection for
A) the tablet computer.
B) the "newness" of the tablet computer.
C) the name.
D) the operating manual.

Accepted Answer

The answer of Ric designs a new tablet computer that...

Question 12

Which of the following cannot be registered as a trade name?
A) Peach Blossom, Certified Public Accountant
B) Apples & Oranges, Investment Partnership
C) Banana Republic Clothing, Inc.
D) Strawberries

Accepted Answer

Strawberries cannot be registered as a trade name as it is a common name for a type of fruit and does not contain any distinctive or unique element that can distinguish a particular business or entity from others. A trade name should not be generic or descriptive in nature.

Question 13

Trevor's operates The Spicy Chocolatier Café chain of restaurants. "The Spicy Chocolatier Café" is a
A) certification mark.
B) collective mark.
C) service mark.
D) trade name.

Accepted Answer

The answer of Trevor's operates The Spicy Chocolatier Café chain...

Question 14

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permis?sion. This is most likely
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) a theft of trade secrets.

Accepted Answer

Patent infringement involves the unauthorized use, manufacture, or sale of a patented invention. Gas Up, Inc. has copied Hybrid Corporation's design, which would be considered infringement of Hybrid's patent rights. Copyright infringement relates to original creative works, trademark infringement involves unauthorized use of a protected brand or logo, and theft of trade secrets involves the unauthorized acquisition or disclosure of confidential business information.

Question 15

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is
A) a certification mark.
B) a collective mark.
C) a service mark.
D) a trade name.

Accepted Answer

A service mark is used to distinguish services rather than products. Since Trek Transport Company provides trucking services, their mark would be a service mark.

Question 16

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 that
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.

Accepted Answer

Steel's conduct would only be actionable if RiteMade's design is patented. If the design is not patented, Steel can legally copy it as long as they do not violate any copyright or trade secret laws. Therefore, options A, B, and C are not relevant in determining the legality of Steel's conduct.

Question 17

Zoe invents "All for One," new business inventory control software, and applies for a patent. If Zoe is granted a patent, it will protect her product
A) for ten years.
B) for twenty years.
C) for the life of the inventor plus seventy years.
D) forever.

Accepted Answer

A patent in the United States lasts for 20 years from the date of filing. After that time period, the invention becomes part of the public domain and can be used by anyone.

Question 18

Mary Kate Corporation 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.

Accepted Answer

This is a license agreement where Mary Kate Corporation is granting Ashley Company the right to use its trademark.

Question 19

Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is
A) novel.
B) marketable.
C) useful.
D) not obvious in light of current technology.

Accepted Answer

In order to obtain a patent, an invention must be novel, useful, and not obvious in light of current technology. However, marketability is not a requirement for obtaining a patent.

Question 20

Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is
A) not guilty of patent infringement.
B) guilty of patent infringement.
C) guilty of trademark infringement.
D) in violation of the America Invents Act.

Accepted Answer

The answer of Stormclouds Inc. makes and markets its U.S....

Quiz 5: Intellectual Property and Internet Law

Riley invents a new valve to cap undersea oil spills. He names the valve "Great Catch." He also writes the installation manual to be included with each valve. Riley can obtain copyright protection for

Go! is a handheld video game featuring races between imaginary creatures and vehicles. The graphics used in the game are protected by

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a

In 2012, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?

Jeannie runs a dude ranch called J Bar B Dude Ranch and has a Web site called www,jbarbduderanch.com. Ben starts another dude ranch and registers a Web site called www,jbarbduderanch.com. Ben is

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle

Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely

E-Shopping Corporation inserts Fiesta Mall, Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use. This is

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on

Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric can obtain patent protection for

Which of the following cannot be registered as a trade name?

Trevor's operates The Spicy Chocolatier Café chain of restaurants. "The Spicy Chocolatier Café" is a

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permis?sion. This is most likely

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is

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 that

Zoe invents "All for One," new business inventory control software, and applies for a patent. If Zoe is granted a patent, it will protect her product

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is

Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is