Question 1

Pat invents a new type of pillow and obtains a patent for it. Quiet Rest Inc. believes that Pat's invention infringes on the firm's previously patented cushion. After issuance, a challenge to a patent must be brought within
A) nine months.
B) twenty years.
C) the life of the inventor plus 70 years.
D) no specific time.

Accepted Answer

A challenge to a patent must be brought within nine months after the patent is granted, according to the post-grant review process under the America Invents Act.

Question 2

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
A) copyright infringement.
B) a "fair use."
C) a legitimate creative act.
D) patent infringement.

Accepted Answer

Copying and publishing a literary work without permission, even with changes to character names, constitutes copyright infringement.

Question 3

Stacy creates unique graphic works that feature characters of her own imagination. Copyright protection for Stacy's work is
A) not possible.
B) automatic.
C) available only on registration with the U.S. Copyright Office.
D) enforceable only if Stacy places a circled "c" on the work.

Accepted Answer

Copyright protection is automatic for original works of authorship fixed in a tangible medium of expression, such as Stacy's graphic works.

Question 4

Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime
A) only if the counterfeit products have negative effects on legitimate businesses.
B) only if the counterfeit products present serious public health risks.
C) under all circumstances.
D) under no circumstances.

Accepted Answer

Selling counterfeit products is a crime under all circumstances as it involves trademark infringement and deception, regardless of the effects on businesses or public health.

Question 5

GoodGro Inc. makes genetically modified seeds 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) none of the choices.

Accepted Answer

Genetically modified seeds are likely to be patented, and GoodGro Inc. is creating identical seeds without the owner's permission, which is patent infringement. Copyright infringement would be if GoodGro Inc. copied Harvest Corporation's written or artistic work without permission, and trademark infringement would be if GoodGro Inc. used Harvest Corporation's logo or brand name without permission. None of the choices would not be applicable in this scenario.

Question 6

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
A) nationwide.
B) limited to Gargantua's home state.
C) limited to Gargantua's market.
D) limited to those who have actual notice of it.

Accepted Answer

Federal trademark registration provides nationwide notice of the registrant's claim to the mark, indicating that the mark belongs exclusively to the registrant across the entire United States.

Question 7

Apex Electrical Inc. in Missouri and Apex Foundations LLC in New Jersey each own the trademark "Apex." The domain name apex.com can be used on the Internet by
A) only one business.
B) both businesses but no others.
C) neither business.
D) both businesses and any others that own the mark.

Accepted Answer

The domain name apex.com can be used on the Internet by only one business because domain names are unique identifiers on the internet and cannot be shared by multiple entities.

Question 8

To be protected under the Copyright Act, a work must be
A) an inseparable idea and expression.
B) original and fixed in a durable medium.
C) a concept, principle, or discovery.
D) treated as a secret by the creator.

Accepted Answer

For a work to be protected under the Copyright Act, it must be original and fixed in a tangible medium of expression. This means it must be independently created and have some degree of creativity, and it must be captured in a way that it can be perceived, reproduced, or otherwise communicated for more than a transitory duration.

Question 9

Roman registers a domain name-sweetfriedpotatos.com-that is confusingly similar to the trademark of Sweet Fried Potatoes Inc. Roman has a "bad faith intent" to profit from the mark by selling the domain name to the mark's owner. This is
A) a legitimate business practice.
B) illegal cybersquatting.
C) a bid to obtain a license.
D) trademark dilution.

Accepted Answer

This scenario describes illegal cybersquatting, which involves registering, trafficking in, or using a domain name with the intent to profit from the goodwill of a trademark belonging to someone else.

Question 10

The word "Facemaker" used in reference to a chain of beauty stores is sufficiently fanciful to obtain protection as
A) a copyright.
B) a trade secret .
C) a service mark .
D) a trade name.

Accepted Answer

The answer of The word "Facemaker" used in reference to...

Question 11

Works that are copyrightable include
A) books .
B) music videos .
C) product packaging .
D) all of the choices .

Accepted Answer

All of the choices (books, music videos, product packaging) are examples of works that are copyrightable.

Question 12

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 authorization to sell imitation frozen desserts. Berry has a cause of action against
A) Crabapple.
B) the U.S. Patent and Trademark Office.
C) consumers who are deceived by Crabapple's use of Berry's mark.
D) competitors who use their own trademarks in a similar industry.

Accepted Answer

Berry Good LLC has a cause of action against Crabapple Inc. for trademark infringement, as Crabapple is using Berry's registered trademark without authorization to sell imitation products, which can cause consumer confusion and damage to Berry's brand.

Question 13

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is
A) a copyright.
B) a trade secret .
C) a service mark .
D) a trade name.

Accepted Answer

"Devil's Brew" is a trade name because it is a name used to identify and distinguish the services of Chris's coffee stands from the services of other businesses.

Question 14

Jim Johnson forms a dog walking business and advertises his services using a canine character called "Super Dawg." The advertisements featuring "Super Dawg" feature Johnson's name, address, and phone number for customers to contact. "Super Dawg" is most likely protectable as a
A) trademark.
B) copyright.
C) service mark.
D) commercial mark.

Accepted Answer

"Super Dawg" is most likely protectable as a service mark because it is used to advertise and identify the source of Jim Johnson's dog walking services. A service mark is similar to a trademark but is used to identify and distinguish services rather than goods.

Question 15

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
A) Don begins to market his line of clothing.
B) customers begin to associate the name with the source of the product.
C) Don begins to make his line of clothing.
D) Don registers with the relevant trademark office.

Accepted Answer

Trademark protection is granted when a name or mark is used in commerce and customers begin to associate it with the source of the product, establishing it as a brand identifier.

Question 16

Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC and then offers to sell the domain name to the mark's owner. Outsourcing's use of Resourcing's mark is
A) cybersquatting.
B) a meta tag.
C) a service mark.
D) a trade name.

Accepted Answer

Cybersquatting involves registering, trafficking in, or using a domain name with the intent to profit from the goodwill of a trademark belonging to someone else. In this case, Outsourcing Inc. is registering a domain name identical to Resourcing LLC's trademark and offering to sell it, which constitutes cybersquatting.

Question 17

McPhail Corporation allows Piston Company to incorporate McPhail's patented fuel-injection system into Piston's product. This is
A) a license .
B) copyright infringement .
C) trademark infringement .
D) patent infringement .

Accepted Answer

A license is a legal agreement that allows one party to use another party's intellectual property, such as a patent, under specified conditions.

Question 18

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 copyright.
B) a trade secret .
C) a service mark .
D) a trade name.

Accepted Answer

A service mark is used to distinguish the services of one entity from those of others, similar to how a trademark distinguishes goods.

Question 19

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is
A) a patent .
B) a trademark .
C) a copyright.
D) a trade secret .

Accepted Answer

A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is a patent. A patent is a legal document granted by the government that gives the inventor of an invention the exclusive right to make, use, and sell the invention for a certain period of time. This exclusive right helps protect the inventor's investment in research and development and encourages innovation.

Question 20

Engines 4 Sale LLC, an auto broker, uses the trademark of Ford Motor Corporation in a meta tag without Ford's permission. This is
A) cybersquatting.
B) a legitimate business practice.
C) trademark infringement.
D) trademark dilution.

Accepted Answer

Using a trademark in a meta tag without permission can lead to trademark infringement, as it may cause confusion or imply an unauthorized association with the trademark owner.

Quiz 6: Intellectual Property

Pat invents a new type of pillow and obtains a patent for it. Quiet Rest Inc. believes that Pat's invention infringes on the firm's previously patented cushion. After issuance, a challenge to a patent must be brought within

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

Stacy creates unique graphic works that feature characters of her own imagination. Copyright protection for Stacy's work is

Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

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

Apex Electrical Inc. in Missouri and Apex Foundations LLC in New Jersey each own the trademark "Apex." The domain name apex.com can be used on the Internet by

To be protected under the Copyright Act, a work must be

Roman registers a domain name-sweetfriedpotatos.com-that is confusingly similar to the trademark of Sweet Fried Potatoes Inc. Roman has a "bad faith intent" to profit from the mark by selling the domain name to the mark's owner. This is

The word "Facemaker" used in reference to a chain of beauty stores is sufficiently fanciful to obtain protection as

Works that are copyrightable include

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 authorization to sell imitation frozen desserts. Berry has a cause of action against

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is

Jim Johnson forms a dog walking business and advertises his services using a canine character called "Super Dawg." The advertisements featuring "Super Dawg" feature Johnson's name, address, and phone number for customers to contact. "Super Dawg" is most likely protectable as a

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

Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC and then offers to sell the domain name to the mark's owner. Outsourcing's use of Resourcing's mark is

McPhail Corporation allows Piston Company to incorporate McPhail's patented fuel-injection system into Piston's product. This is

Constellation Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is

Engines 4 Sale LLC, an auto broker, uses the trademark of Ford Motor Corporation in a meta tag without Ford's permission. This is