Question 1

In its ads for athletic shoes,Sleek Feet LLC uses a trademark that is similar,but not identical,to the famous,registered mark of Trend Flash,Ltd.Sleek Feet's unauthorized use of the mark constitutes trademark dilution,provided that

Accepted Answer

The answer of In its ads for athletic shoes,Sleek Feet...

Question 2

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

Accepted Answer

Telescopes Etc. Corporation is selling scopes with identical structures of lenses and mirrors without SUI's permission, which constitutes patent infringement. A patent is a form of intellectual property that gives the owner the exclusive right to exclude others from making, using, selling, or importing an invention for a limited period of time. Therefore, if Telescopes Etc. Corporation is making, using, selling, or importing telescopes with the same design as SUI's patented invention, it is infringing on SUI's patent rights. Copyright infringement is the unauthorized use of original works of authorship, such as literary, musical, or artistic works. Trademark infringement is the unauthorized use of a trademark or service mark in a way that is likely to cause confusion, deception, or dilution of the trademark owner's rights. Neither of these apply to the scenario described.

Question 3

Moving Advanced Technology Corporation can not claim a trademark in the phrase "Moving to the Market" if the phrase

Accepted Answer

A generic phrase cannot be trademarked because it refers to a general class of products or services rather than distinguishing the source of a product or service.

Question 4

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

Accepted Answer

A service mark is used to identify services provided by a person or business, in this case, Weather Wendy's weather reporting services.

Question 5

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

Accepted Answer

Trademark registration is renewable every ten years according to federal law.

Question 6

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

Accepted Answer

The term "Bicycle" is generic and cannot be protected as a trademark because it is a common name for the product itself. Generic terms are not eligible for trademark protection.

Question 7

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

Accepted Answer

Copyright law protects original works of authorship, including graphics, from being reproduced, distributed or performed without permission from the author or owner. Patents protect inventions, and trademarks protect names, logos, and brands. Trade secrets protect confidential information that gives a competitive advantage to a business. However, none of these laws are specifically applicable to the graphics used in a video game like Go!

Question 8

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

Accepted Answer

Patent rights are territorial, meaning a U.S. patent does not provide protection in China. Therefore, Squalls Ltd. is not guilty of patent infringement for making and marketing the product in China.

Question 9

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

Accepted Answer

Ideas are not copyrightable, only the expression of those ideas. Therefore, Sayers's idea for a new way to play the guitar cannot be copyrighted.

Question 10

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

Accepted Answer

Gas Up, Inc. is copying Hybrid Corporation's design, which suggests they may be infringing on Hybrid's patent for the fuel injection system. Patent infringement means unauthorized production, selling, or use of an invention that is protected by a patent.

Question 11

RiteMade Machinery,Inc.,designs,makes,and sells a unique drillpress.Steel Equipment Company copies the design without RiteMade's permission.Steel's conduct is actionable provided that

Accepted Answer

Steel's conduct would be considered actionable only if RiteMade's design is protected by a patent. Without a patent, Steel would not be infringing on any legally protected rights. Confusion among consumers, intentionality, and reduction in the value of RiteMade's design are not necessarily required for design infringement.

Question 12

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

Accepted Answer

"Strawberries" cannot be registered as a trade name because it is a common name of a fruit and lacks distinctiveness for use in commerce. A trade name should identify and distinguish the business from others in the market. Meanwhile, "Peach Blossom, Certified Public Accountant", "Apples & Oranges, Investment Partnership", and "Banana Republic Clothing, Inc" are distinctive and can serve as trade names.

Question 13

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

Accepted Answer

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

Question 14

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

Accepted Answer

Ric can obtain patent protection for the tablet computer itself, as it is a new invention. Patent protection does not apply to names (which are protected by trademarks) or written materials like operating manuals (which are protected by copyright).

Question 15

From Southeast Asia,Tai Ltd.exports genuine trademarked goods to the United States.Tai also makes labels and packaging bearing another firm's trademark,ships the labels to another location,and then affixes them to an inferior product to deceive buyers.Tai sells these goods to retailers who are unaware that the marks are counterfeit.Under the Stop Counterfeiting in Manufactured Goods Act,it is a crime to

Accepted Answer

Tai Ltd. is producing and trafficking in counterfeit labels and packaging, which is a violation of the Stop Counterfeiting in Manufactured Goods Act. This act specifically prohibits the trafficking of counterfeit marks and packaging, making choice B the correct answer. Choices A, C, and D do not accurately describe Tai's actions or violate the Stop Counterfeiting in Manufactured Goods Act.

Question 16

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

Accepted Answer

To obtain a patent, an invention must be novel, useful, and non-obvious, but it does not need to be marketable.

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

Accepted Answer

A utility patent, which is what Zoe would apply for in order to protect her software, typically lasts for 20 years from the date of filing.

Question 18

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

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 19

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

Accepted Answer

This is a license agreement where Mary Kate Corporation is allowing Ashley Company to use its trademark as part of Ashley's domain name. This agreement allows Ashley Company to use the trademark without infringing on Mary Kate's rights, and it is a legal way to grant permission for someone else to use a trademark.

Question 20

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

Accepted Answer

A service mark is used to distinguish the services of one company from those of another company. In this case, Trek Transport Company is using a mark to distinguish its trucking services from those of other trucking firms.

Note: A certification mark is used to certify the origin, material, mode of manufacture, quality, accuracy, or other characteristic of goods or services. A collective mark is used by members of a cooperative, association, or other organization to identify themselves as members of that group. A trade name is the name under which a company conducts business.

Quiz 5: Intellectual Property